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(영문) 서울중앙지방법원 2019.05.10 2018가단5163186
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 62,00,000 and KRW 5,800,000 among them, respectively.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (hereinafter “Defendant Company”) purchased stocks of an unlisted company and sold them to investors at a price higher than the purchase price, and then offered funds from investors in such a way as to sell proceeds from the block to investors if the profit realization time that the investors promised to continue managing and managing the stocks for the sake of investors (e.g., transfer method) or to offer profits from the investment associations such as a private investment association or an undisclosed investment association, etc. established under the pretext of investing in a specific issue of investment, and collected the remaining investment money after deducting the management remuneration from the total amount of investment in the relevant investment business, and to pay proceeds from the investment in the relevant investment business at a profit realization time.

Defendant D was working as an internal director of the Defendant Company, and was employed as the only internal director from July 23, 2013 to September 6, 2016.

The date of concluding a contract and the date of payment of investment money on March 10, 2014, the investment amount of KRW 5,800,000 in E- 5,80,000 on March 14, 2014, KRW 38,400,00 in KRW 40,00 in G 6,90,000 on March 14, 2014; KRW 10,000 in KRW 5,00 in KRW 5,00 on March 21, 2014; KRW 60,00 in G 4,60,000 on March 21, 2014; KRW 70,00 in KRW 70,00 in KRW 8,00 on April 21, 2014; KRW 10,000 in KRW 8,00 on August 10, 205, 2015.

B. The Plaintiff, upon hearing the above explanation from the Defendant Company, entered into the instant investment contract, and paid the Defendant Company KRW 62,000,000 in total, as follows.

Executive officers and employees, including Defendant D, who violated the Act on the Punishment, etc. of Violations of the Financial Investment Services and Capital Markets: (a) purchase of stocks of an unlisted company and sell them to investors, or (b) make an investment from investors in the name of a private investment association or an undisclosed investment association on the ground of a private investment association or an undisclosed investment association, and (c) make an investment that deducts management and remuneration, and (d) make

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