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(영문) 서울중앙지방법원 2017.08.11 2017가단5091307
손해배상(기)
Text

1. The Defendant: (a) KRW 95,360,00 for Plaintiff A; (b) KRW 27,900,000 for Plaintiff B; and (c) for each of them, from September 1, 2016 to March 1, 2017.

Reasons

1. Basic facts

A. On February 2008, the Defendant established D Co., Ltd. and around October 2014, and established overseas corporations from around September 2010, and continued to conduct overseas projects, such as FX M&C brokerage.

Plaintiff

A. Plaintiff B’s investment (won) non-fixed-end investment (cost) on October 31, 2014, and 30,000,000 on January 29, 2016, 200,000 on February 11, 2015, November 20, 2015, 20,000,000 on April 29, 2016, 200,000 on April 20, 200, 200,000 on May 11, 2016, 200, total of 108,000,000,0000 on a total of 30,000,000,0000

B. The Plaintiffs made an investment to the Defendant via F (hereinafter “each of the instant investment agreements”) as follows:

C. The Defendant used a total amount of KRW 484.3 billion to repay the principal and interest of the lender or investors by using the so-called “the return of funds” method after December 201, 201, and used a total amount of KRW 256.2 billion to the lender or investors for the purpose of paying the fees for multi-stage recruitment business, such as where there is no profit from the business deposited by the overseas corporation from September 2, 201 to the domestic account, and there is no asset or profit-making business to the extent that the victims will pay high-rate earnings, and there is no possibility of success. Moreover, even if the Defendant received money from the victims for the purpose of investment in the overseas business operated by the Defendant, such as the FXM brokerage business, etc., even if it used it for such purpose, or did not have any intent or ability to repay the principal and interest with the business profits operated by the Defendant.

The Defendant habitually invested in the overseas business operated by the Defendant, such as the FX M&C brokerage business, and obtained a total of KRW 1,085,575,294,950 from 12,178 victims to 25,283 times from November 21, 201 to August 26, 2016 as if it would pay the principal and interest with its profits.

The defendant on February 3, 2017.

(b) as provided in paragraph (3);

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