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(영문) 부산지방법원동부지원 2019.10.02 2017가합106199
손해배상(기)
Text

1. The Defendant’s KRW 27,500,000 as well as 5% per annum from November 25, 2017 to October 2, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant and C’s position established a private investment association or an undisclosed investment association for investment in a specific issue to invite investments, and run financial investment business by making investments in the relevant investment business and paying profits at the time of profit realization. C worked as the Defendant’s employee from around 2013 to March 31, 2015, and was in charge of the business of inviting investments and stock investments.

B. The Plaintiff’s investment goods investment 1) The Plaintiff joined an investment association for investment in “D” which is an unlisted stock among investment goods sold by the Defendant from C, and distributed profits therefrom (hereinafter “D goods”).

upon solicitation to make an investment in C, at KRW 10,000,000, around March 7, 2014, the same year

6.1 November 1, 190,000 won (10,000,000 won) around 12th of the same month, and 10,000,000 won around 13th of the same month, and for the same year.

8. Around 22.2. around 3,000,000 won, and around January 9, 2015, a total of KRW 10,000,000, and KRW 59,000,000 were remitted to C’s E bank account.

2) In addition, the Plaintiff signed an investment association for investment of “F” among investment goods sold by the Defendant from C, which are non-listed stocks, and distributed profits therefrom (hereinafter “F goods”).

(3) Around February 27, 2015, the Plaintiff was solicited to make an investment in C, and transferred KRW 30 million to C to the E-bank account in the name of C. The Plaintiff did not prepare an investment contract or a partnership subscription agreement with the Defendant while investing in the Defendant’s investment product as above.

C. C’s embezzlement takes custody of KRW 59,00,00,000, which was remitted from the Plaintiff for investment in D products, and KRW 30,000,00,00, which was remitted for investment in F products. At the time of each transfer, each of the above products was consumed for living expenses or personal investment without investing in each of the above products, but the amount was voluntarily consumed for the purpose of embezzlement, etc., but the Busan District Court’s Dong Branch Branch Branch Decision 2018,1624, which was prosecuted for embezzlement, was sentenced to a suspended sentence of one year from the above court on December 5, 2018, and was sentenced to a suspended sentence of two years.

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