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(영문) 서울중앙지방법원 2020.07.09 2019가합570363
손해배상(기)
Text

1. Defendant B and Defendant C jointly share KRW 258,097,131 to the Plaintiff and their related thereto from May 6, 2015 to May 2019.

Reasons

1. Basic facts

A. As the former representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”), purchased stocks of an unlisted company at a price higher than the purchase price, sold stocks to investors at a price higher than the sale price, and offered profits from the sale of stocks to block (large-scale purchase and sale of stocks between buyers and buyers) when the agreed profit realization time has arrived for investors, or agreed to collect profits from investors by forming a private investment association or undisclosed investment association, etc., which has made an investment in a specific item under the pretext of investment, made a contribution and made an investment in a specific item of investment, and then deducted management remuneration from the total amount of investment and made an investment in the relevant investment

B. On May 4, 2015, the Plaintiff is against Defendant D, who is an employee of the Defendant Company.

Upon hearing an explanation to the same purport, the Defendant Company and the Plaintiff entered into an undisclosed association agreement (hereinafter referred to as the “instant agreement”) with the content that the Plaintiff would invest KRW 300 million in the Defendant Company, and entered into the said category E (hereinafter referred to as the “instant investment category”).

On May 6, 2015, the Plaintiff paid KRW 300 million to the Defendant Company in accordance with the instant contract.

C. 1) Defendant C, executives of Defendant C, and the head of the headquarters of the Defendant Company indicated only the fraud part directly related to the instant case, including the act of defraudation, etc. (hereinafter “related criminal facts”). On the grounds that they were committing fraud, violation of the Financial Investment Services and Capital Markets Act, and violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (Seoul Southern District Court Decision 2015Da4570, 4664, 4927, 5342, hereinafter “related criminal cases”).

[2] On December 3, 2018, the above court is a criminal case related to Attached Form 3.

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