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1. The Defendant shall pay to the Plaintiff KRW 72,657,620 as well as 15% per annum from July 21, 2018 to the day of full payment.
Reasons
1. Facts of recognition;
A. C(D) was established with a view to carrying out a fund-raising business without obtaining permission or filing a registration under the laws and regulations, or without filing a registration report, and was transferred to investors through a fund-raising source, etc. composed of brailles to a specialized financial institution for foreign exchange derivatives trading, thereby guaranteeing the principal and high return rate of investment deposits, and receiving funds from investors by promising to pay a certain amount of dividends.
B. The Defendant stated to the Plaintiff that “C has obtained the authorization of FDM (FDM) necessary for FXM transaction. C has received investment from its members to create high profits by doing the FX horse transaction. The Defendant, as a domestic top-tier member, may directly deposit the investment amount to C head office on the face of the State, and transfer the dividends to C in cash. When joining as a member after paying the investment amount to C, a fixed amount of 3-8% per month and the principal may be guaranteed after 18 months.” The Defendant received the investment amount.
However, C did not have the FDM qualifications required for the FXM transaction, and was not authorized for the banking business for guaranteeing the principal and receiving investment funds.
In addition, C did not have a branch office in the Republic of Korea, and it was found that there was no overseas remittance of the investment funds delivered from the fund raiser and the source of the dividend delivered to the investors.
C. After being solicited to make an investment from the Defendant and its fund raisers, the Plaintiff transferred each of the money indicated in the “investment amount” column below to the Defendant’s Han Bank account (E) as investment funds to C.
At the time of the sequence 1, 201, the amount invested shall be KRW 30,869,70 on July 9, 2014; KRW 18,420 on September 17, 2014; KRW 23,367,720 on September 17, 2014; KRW 72,657,620 on September 23, 2014.
D. On April 21, 2016, the Defendant made an investment in the Seoul Central District Court with “C” as the principal and interest.