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1. The defendant shall make each entry in the "total amount for petitioners" list in attached Form 2 to the plaintiffs and its related money.
Reasons
1. Basic facts
A. The Defendant: (a) around February 2008; (b) around October 2014; (c) established C Co., Ltd.; and (d) established a foreign legal entity from around September 2010; and (c) carried out business activities, such as FX M& brokerage business, D investment business, etc.
(hereinafter referred to as “FX M&C business, etc.”). B.
The Plaintiffs entered into each investment agreement (hereinafter “instant investment agreement”) with the Defendant to invest each money indicated in the “investment amount” column of the “investment amount” column of the attached Table 2 with respect to the FX EM business, etc. on each corresponding date, and paid the Defendant each of the above investments to the Defendant on the same day.
C. The Defendant used the amount of KRW 484.3 billion to repay the principal and interest of the lender or the investors in a short-term manner as follows: “The Defendant’s overseas projects promoted by the Defendant, including that there was no profit from the business deposited in the domestic account from a foreign corporation from September 2, 2016 to September 2, 2016, including that there was no asset or profit-making business to pay the victims a high rate of profit; there was no possibility of success; and there was no intention or ability to repay the principal and interest with the business profit operated by the Defendant after December 201, the Defendant used the total amount of KRW 48.4.3 billion to repay the principal and interest of the lender or the investors by the so-called “the return of the funds” method; and even if it used the funds in the amount of KRW 256.2 billion from the victims, such as the payment of the fees for multi-stage business recruitments that recruited the lender or investors, it used it for the purpose or received it as an investment in the business operated by the Defendant.
Nevertheless, if the Defendant habitually invests in an overseas business operated by the Defendant, such as the FX M&C business, the Defendant would like to pay the principal and interest with the proceeds therefrom. From November 21, 201 to September 4, 2016, the Defendant’s affiliation from the victims total of 1,055,924.