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(영문) 서울동부지방법원 2019.01.30 2018나24105
투자금반환
Text

1. All appeals filed by the plaintiffs (appointed parties) and the designated parties E are dismissed;

2. The costs of appeal are assessed against the Plaintiff (Appointed Party) and the Plaintiff.

Reasons

1. The reasons why this Court shall state this part of the underlying facts are the same as that of “1. Basic Facts” among the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The plaintiff and the Selection's assertion (1) The defendant company provided that the goods of the defendant company are goods whose principal is protected, that is, the FIM system, that is, the system that is the system that takes place for promoting the preservation of principal, by investing the capital of the company itself before the investment of the investors, thereby causing loss from the FIMF capital when the loss occurs on the investment deposit of the investors, and that is, by exercising LOSS-CUT and protecting the investors' investment deposit when a certain loss is more than a certain amount of loss, the customer's investment bond is protected. Accordingly, the plaintiff entered into the above investment contract with H and the Selection who believed that the principal is guaranteed when investing in the defendant company. The defendants are obligated to pay each money as stated in the purport of the claim to the plaintiff and the Selection who acquired the rights under the above investment contract from H in accordance with the principal guarantee agreement.

(2) Although Defendant Company has a contractual obligation to protect investors, including H and Selections, through the FIM system, paid the full amount of their investments to J continuously and neglected to do so by excluding the FIM system. Since the Defendant Company’s intent or gross negligence caused a loss to the full amount of its investments made by H and Selections, Defendant Company is obligated to pay each claim for damages arising from the failure to perform the investment contract to the Plaintiff and Selections who have acquired rights under the above investment contract, and Defendant C and D are jointly and severally liable to compensate for the said loss pursuant to Article 401(1) of the Commercial Act.

(3) The Defendants, when investing in the Defendant Company in H and the designated parties, shall yield 10% annual profits.

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