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(영문) 서울중앙지방법원 2017.11.29 2017가단5110444
투자금반환
Text

1. The Defendant shall pay KRW 56,400,00 to the Plaintiff the annual rate of KRW 15% from April 29, 2017 to the day of complete payment.

Reasons

Basic Facts

Around February 2008, the Defendant established D Co., Ltd. and around October 2014. Since around September 2010, the Defendant established a foreign corporation and carried out overseas projects, such as FX M&C brokerage business. When investing in the above overseas business, the Plaintiff was a woman with the old age of 1938, who has invested in the Defendant’s deception.

As between March 18, 2015 and July 4, 2016, the Plaintiff and the Defendant: (a) invested each amount indicated in the “investment amount” column as of the date indicated below in the “agreement date”; (b) the Defendant would manage the investment amount and pay to the Plaintiff the amount of dividend of 2% per month; and (c) the Plaintiff paid the Defendant an investment amount of KRW 60,000,000 as indicated in the “total Investment Amount” column below.

(1) “Investment contract” No. 10,000,000 on March 18, 2015; 200,000 on March 18, 2015; 20,000,000 on March 18, 2015; 3,600,000,000 on March 10, 200 on March 30, 2015; 20,000 on April 20, 2004; 30,000 on July 20, 2015; 30,000,000 on July 4, 2016; 30,000,000 on July 4, 2016; and 30,000,000 on July 10, 200 upon the expiration of the investment contract; and 30,000,000 on July 10, 2016.

The Plaintiff was paid KRW 3,600,000 as stated in the “interest Dividends” as dividends under the instant investment contract.

On February 3, 2017, the defendant is convicted of 12 years of imprisonment with labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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