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(영문) 서울중앙지방법원 2019.08.20 2018가단5112447
손해배상(기)
Text

1. The Defendant: (a) KRW 150,00,000 for the Plaintiff and the Plaintiff’s annual rate from August 19, 2016 to June 4, 2018; and (b) June 5, 2018.

Reasons

1. Facts of recognition;

A. The Defendant is a former head of C Co., Ltd. (hereinafter “C”) established for the purpose of electronic commerce, etc. (hereinafter “C”).

B. E, the representative director of C, around February 2008, established FF Co., Ltd. and established a foreign corporation from around October 2014 to run overseas business, such as foreign exchange (FX) M&E brokerage business. However, the overseas business promoted by E, as above, did not have any assets to pay high-rate earnings to business investors, including business earnings deposited into domestic accounts from the foreign corporation from September 2, 2016 after its establishment to September 2, 201, and there was no possibility of success, and there was no possibility of realizing considerable profits within a short period. E did not have the ability to use the investment funds of investors for the purpose of repayment of principal and interest of other investors, or payment of fees to multi-level business principal or interest (i.e., dumping funds from many investors).

C. Meanwhile, as the head of the branch office of the “D” branch, the Defendant did not verify whether E properly invests investors’ investment in the FX M& brokerage business, etc., and how much the proceeds from the FX M& brokerage business, etc., and even if E received money under the pretext of investment in the overseas business, such as FX M& brokerage business, it was in a position to know, or to know, the fact that E used it for the purpose or was not capable of paying the principal and interest (profit) with business profits.

Nevertheless, the defendant's investment in the FX M& brokerage business operated by E to the plaintiff is the revenue.

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