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(영문) 의정부지방법원 고양지원 2018.02.07 2017가합72303
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C is the representative director of Company D (hereinafter “D”) and is the actual representative director of Company E (hereinafter “E”) that collects non-performing loans purchased in D.

B. “A false statement stating that “A will guarantee the principal if an investment is made in a business that purchases and collects insolvent bonds at the maturity of one year, and pay monthly the profits calculated at the rate of 18% per annum in 12 months.” The Plaintiff paid KRW 1 billion in total, including KRW 100 million on February 7, 2012; February 21, 2012; February 22, 2012; February 22, 2012; March 2, 2012; and KRW 1 billion on March 15, 2012.

However, in fact, D's revenue from debt collection business was very small, C did not have the intent or ability to pay the money to the Plaintiff as agreed.

C due to the above act on November 30, 2012, the evidence No. 1 was omitted in the evidence No. 1, but according to the evidence No. 3, it is recognized that C was convicted by the Seoul Central District Court Decision 2012Da3462 due to the fact that C solicited the Plaintiff to make an investment and received an investment payment.

The judgment of conviction (Seoul Central District Court 2012Ma3462) was sentenced to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the above judgment became final and conclusive as dismissal of appeal.

(hereinafter referred to as “the instant tort” and the said criminal case (hereinafter referred to as “related criminal case”) shall be deemed to be “the act of defraudation against the Plaintiff.”

C’s criminal facts include the content that, in addition to the act of acquiring profits from the Plaintiff, by purchasing electricity produced by installing solar power generators against other investors in the Korea Electric Power Corporation at a low price, and conducting a business of raising high profits through the collection of claims, if investments are made in KRW 10 million at the maturity of one year, the principal shall be guaranteed at the maturity of one year, and the amount of 20% per annum shall be paid every month by fraud to the effect that the profits from 12 months per annum shall be divided into 12 months.

(c).

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