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(영문) 부산지방법원 2014.04.30 2013가합46279
손해배상(기)
Text

1. Defendants Qua, S, T, and U respectively:

A. Plaintiff A’s KRW 30,000,000 and its related amount are from February 29, 2012 to February 2014.

Reasons

1. Determination as to the claim against Defendant Qu Co., Ltd, S, T, and U

A. The facts of recognition (1) around April 201, Defendant S established Defendant Q Q Co., Ltd. (hereinafter “Defendant Company”) on June 1, 201, with the intent to invite investors to make an investment in non-performing loans and to receive them without delay.

(2) After that, Defendant S served as the actual representative of the Defendant Company, the said Company’s overall business, and Defendant T was in charge of claims management, such as the purchase of non-performing loans, with the position of the chief of the said Company’s headquarters, and Defendant U works as the former director of the said Company, and the education and management of the business employees.

(3) Under the above organizational structure, the defendant company, S, T, and U conspireds with its employees to purchase and collect the NPL claim, which is a non-performing debt of the company undergoing legal management or composition, from the company that rapidly grow within a short period of time. The investment in the above business is entitled to pay the investment principal after one year, and to pay the investment profit amount of 24% per annum. The investor is entitled to transfer the company's claim holding more than three times the investment amount as collateral, so it would be safe because it would be a direct collection even if the company erred. The investor provided education that "at the time of attracting investors to pay 10% of the investment amount as allowances."

However, the Defendant Company was a corporation that started its business with only the initial business fund of KRW 70 million prepared by Defendant T, and was engaged in its business with only an office, and the financial situation was bad to the extent that it did not have any money for investors to purchase bonds at the same time as security. The claims purchased have little possibility of recovery, and the Defendant Company did not have any organization or employee to collect debts.

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