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(영문) 서울고등법원 2016.01.19 2013나39522
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd.”) is a company established for the purpose of online information provision business, etc., and Defendant F is the representative director of the Defendant Co., Ltd.

B. On October 17, 2012, Plaintiff A remitted KRW 10 million and KRW 3.3 million over two occasions to the account in the name of husband G, and transferred KRW 10 million over three times to the account in the name of husband, and KRW 3.5 million over three times on November 15, 2012.

C. On July 24, 2012, Plaintiff B remitted KRW 12,100,000 to the account under H’s name.

Plaintiff

C transferred each of the KRW 27,060,000,000 to H’s account on September 6, 2012, and KRW 1,353,00,000 on September 7, 2012.

E. On November 15, 2012, Plaintiff D borrowed KRW 27 million from J from November 15, 2012, and J transferred the same money to the account in the name of I on the same day.

F. In criminal cases, including the Jeonju District Court Decision 2012Ma3150 on May 7, 2015, Defendant F paid high income of 330,000 won per annum with one corporate start-up capital, 1.1 million won per annum, and 300% per annum with 5,000,000 won with 20% or 30% of the investment attraction amount, and 10% of the amount with 20% or 30% with 30% at the center expense. The direct advertising revenue generated from 'advertisement notice' is extremely low compared to 50 billion won or more of the amount received from the investment, and there was no profit-making business due to the total profit-making business including the Internet advertising business. Accordingly, it is extremely difficult for senior investors to pay the investment principal to the investor with 300% or more per annum with 300,000,000,000 won under the name of 30,000,000.

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