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(영문) 제주지방법원 2020.10.19 2020가단55871
손해배상(기)
Text

1. As to the Plaintiff A’s 84,00,000 won, 26,600,000 won, and 26,000 won, and each of the above amounts, the Defendant shall have against the Plaintiff A on June 17, 2016.

Reasons

In June 2016, the defendant argued that the plaintiffs' summary of the plaintiffs' assertion made false statements that the principal should be guaranteed and that the confirmation profit equivalent to 8% per annum should be guaranteed, while introducing investment goods of D Co., Ltd. (hereinafter "D") to the plaintiffs.

Accordingly, Plaintiff A invested KRW 120,000,000, and Plaintiff B invested KRW 38,000,000, but did not receive the principal as well as the final profit.

As above, the plaintiffs suffered damages equivalent to each of the above investments due to the defendant's deception, and the defendant is obligated to compensate for such damages.

The defendant's assertion does not appear to have explained the products invested to the plaintiffs according to the data received from D, and the defendant also suffered losses by investing money in D.

As such, the defendant did not deceiving the plaintiffs, and there is no obligation to compensate for damages caused by the plaintiffs' investment loss.

Judgment

The following facts or circumstances are found to exist in Gap evidence Nos. 1 through 5 as a whole or known to the purport of the entire pleadings, i.e., the defendant was in charge of soliciting investors; ② the defendant sold D's investment goods with the representative director E of Seoul Western District Court Decision 2019Da4106 and offered investment funds from many unspecified persons at the maturity of the contract and offered them to offer funds without registration; ② the defendant was convicted of 4 years of suspended execution under the crime of having received investment funds from many unspecified persons; ③ the defendant introduced D's investment goods to the plaintiffs, namely, "F" goods that guarantee the principal and pay a final profit equivalent to 8% per annum, and "G goods" that are 12 times more than 50,000 won and less than 6 months more.

In particular, in the case of “G” products, there is a risk of loss due to the operation of only 10% of monthly payments.

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