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(영문) 울산지방법원 2014.09.04 2013가합4209
손해배상(기)
Text

1. Defendant I, J, and K are each of the Plaintiffs’ respective money indicated in the column for damages in the attached Table attached hereto and each of the said money on June 2013.

Reasons

1. Basic facts

A. Defendant I, as the representative of theO established to attract investment funds from many unspecified investors on the pretext of the Internet game money exchange business (a trade name after modification: Ppartnership corporation; hereinafter “O”) under the supervision of the overall affairs such as management of investment funds and payment of dividends and allowances. Defendant J took overall control of the business presentation and business as the director and the representative of investors. Defendant K, as the director and the representative of theO, was in charge of the business presentation and sub-groups. Defendant K, as the director and the president of theO, was in charge of the business presentation and sub-groups.

B. Defendant I, J, and K recommended the Plaintiff A, B, C, D, F, G, H and Q, and R to make an investment that “O shall pay an amount equivalent to 1% of the amount of the investment to be paid daily fixed profits for six months in the event that the business fund is invested as an enterprise raising a profit of at least 30,000 won per computer through online game money business.”

C. The Plaintiff A, B, C, D, F, G, H, Q, and R invested the money stated in the separate sheet investment column at the request of Defendant I, J, and K, and recover the money stated in the separate sheet collection column.

However, the O’s implementation of the Internet game automatic implementation program to accumulate online game money and exchange it through the Internet game money trading site. Even if accumulation of the game money above, 30,000 won per computer cannot be made every day, and theO did not have the intent or ability to pay dividends, allowances, etc. promised to the existing investors so that it did not attract investments from new investors because there is no means to create profits other than sales of the game money. Defendant I knowingly made a false statement to the Plaintiffs.

E. Meanwhile, Defendant I was suspected of violating the Act on the Regulation of Fraud and Unauthorized Receipt of Claims by 293 victims, including the Plaintiffs, and Defendant J and K.

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