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(영문) 대구지방법원김천지원 2016.11.30 2015가합611
대여금
Text

1. The Defendant: (a) KRW 87,550,00 for Plaintiff A; and (b) KRW 118,320,00 for Plaintiff B; and (c) each of them, from September 6, 2015 to November 2016.

Reasons

1. Basic facts

A. After establishing a number of corporations under its jurisdiction, “D” is an organization that receives investment funds under the pretext of the bypass listing, and the Defendant is working as the Kimcheon Branch of “D” and offered to receive money under the pretext of investment funds from many and unspecified persons, together with E, the president, F, Vice-Chairperson, G, representative H, etc., who is the president of D’s general meeting.

B. The Defendant, at the second floor of the J building in Kimcheon-si, proposed an investment presentation with E, F, G, K, H, and other unspecified persons, including the elderly, from 50 to 60 household owners or the elderly, without obtaining authorization or obtaining registration, reporting, etc. on the second floor of the J building in Kimcheon-si, the Defendant made an investment presentation to the effect that “When the stocks are listed by means of purchase of 9,500 won a week, the price of the stocks will start from 50,000 won a week, and will ensure the safety of the principal invested by issuing a certificate of beneficial rights as a security for the purchased land. In addition, the Defendant, upon attracting an investment, recommended an investment to pay 15% of the amount of the custody as a recommendation allowance, and to pay every monthly business expense

C. The Plaintiffs received the recommendation from the Defendant to make such investment as above, and through the Defendant, Plaintiff A invested KRW 103,000,000, and Plaintiff B invested KRW 140,000 in D as follows.

(2) The Plaintiff 20,000,000 on September 19, 2014 (hereinafter “instant investment”). Plaintiff A and the Plaintiff 20,000,000 on September 30, 2014

9. 30. 20,000,000 on October 20, 2000; 20,000; 20,000,00 on December 3, 200 on December 20, 200; 5, 10,000,00 on December 5, 2000 on December 20, 200; 20,000,00 on December 18, 18, 200 on December 20, 18, 200; 13,00,000,000 on July 13, 200 on July 15, 2015;

D. Although the Plaintiffs received a receipt, a loan certificate, or a share certificate with respect to the instant investment amount from the Defendant or D, the Plaintiffs were not paid the remainder of the investment amount as well as the Plaintiff B received KRW 500,000 on July 4, 2014, and KRW 300,000 on July 31, 2015.

E. The defendant does not obtain authorization or permission.

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