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(영문) 서울중앙지방법원 2017.09.07 2016가합528361
투자금 반환등 청구의 소
Text

1. For each Plaintiffs listed in the separate sheet “Plaintiff”:

A. Defendant B and E are jointly listed in the annexed sheet.

Reasons

1. Facts of recognition;

A. In promising to pay the proceeds of principal and high rate, Defendant B planned to conduct the business in such a way as to invite investments from personal investors and return the principal and earnings agreed upon to to the new investors with the investment funds received from the existing investors. On February 27, 2015, Defendant E Co., Ltd. (hereinafter “Defendant E”), Defendant F Co., Ltd. (hereinafter “Defendant F”), June 10, 2015, Defendant D Co., Ltd (hereinafter “Defendant D”) on June 24, 2015, and Defendant C Co., Ltd (hereinafter “C”) on July 6, 2015.

(hereinafter referred to as the “Defendant Company” in combination with the above Company

Defendant B, as a substantial operator of the Defendant Company, has overall control over all the tasks such as attracting and managing investment funds, and discovering and examining investment sources. Defendant C was in charge of investment consultation and investment fund-raising business, Defendant D, F, and E, and the role of receiving investment funds.

C. The Plaintiffs received a recommendation from Defendant B, etc. to make an investment to pay the principal and high interest rate when investing in the recommended investment issues, and remitted the amount of direct investment to the account of the Defendant Company as shown in the attached Table, or thereafter acquired the claim for damages related to the instant case from the investors by transfer or by subrogation.

(The details of acquisition of claims following the transfer of claims and payment by subrogation are as stated in the attached Table "transferor and subrogation", and "transfer and payment by subrogation" are as stated respectively).

1. Defendant B was indicted for violation of the Financial Investment Services and Capital Markets Act, violation of the Act on the Regulation of Unauthorized Receipt of Financial Investment Services and Capital Markets, fraud, etc. on the ground that Defendant B engaged in financial investment business without obtaining an authorization or permission, engaged in the act of fund-raising without obtaining an authorization or permission, and by deceiving investors and received investment funds from investors. In this regard

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