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(영문) 서울남부지방법원 2015.06.25 2015가합589
손해배상(기)
Text

1. Defendant B’s KRW 135,000,000 and its amount are 5% per annum from February 17, 2012 to March 21, 2015.

Reasons

1. Facts of recognition;

A. (1) Defendant B, along with E, is the F Co., Ltd., a insolvent debt collection company on January 6, 201 (hereinafter “F”).

(B) The Plaintiff established and operated the Plaintiff until the beginning of March 2012, 2012, and Defendant D served from F to F as the chief secretary, and Defendant C is the husband of Defendant D. (2) The Plaintiff is an investor who invested in F.

B. In the course of managing the F, Defendant B did not have a situation in which the ratio of recovery of the non-performing loans purchased by the F is extremely low and there is no professional manpower capable of collecting such loans to the F, and thus it is possible to pay the proceeds to investors and repay the principal. Thus, even though the investment of junior investors was made by the investment of junior investors in a manner of "one-day" manner in which the profits of senior investors and principal are repaid, it is difficult to guarantee the profits and principal as agreed to investors, Defendant C and D. However, the Plaintiff introduced through Defendant C and D should not only transfer the non-performing loans equivalent to 200% of the investment funds if they invest in the money every one year, but also pay the annual dividends equivalent to 20% of the investment funds if they want to return the investment funds at any time."

C. When concluding a contract for acquisition of non-performing loans with F by deceiving Defendant B as above, the Plaintiff paid KRW 100 million on January 30, 2012 as investment money, and paid KRW 50 million on February 17, 2012.

After that, the Plaintiff received KRW 1,66,666, and KRW 833,333 on March 16, 2012 from the investment profits.

Defendant C and D received business allowances of KRW 15 million from F in return for attracting the Plaintiff’s investment.

However, the Plaintiff demanded the preservation of investment money as it was in question of the failure of investment, and Defendant C from July 18, 2012 to September 25, 2012.

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