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(영문) 인천지방법원 2016.10.12 2015가단64833
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On May 11, 2015, the Plaintiff transferred KRW 49,434,00 to the Defendant and incurred damage by investing in E, a similar receiver, by introducing the Plaintiff, the Plaintiff, and the Plaintiff, the Plaintiff, without obtaining authorization or permission pursuant to the Acts and subordinate statutes on the receiving act, and without being registered or reported, stating that “The Plaintiff will pay 1.5% to each Party for investment and make 6% of the total amount of 200% of the total amount of the investment, and make it possible to make the Defendant gain profits from 20% of the total amount of the investment.”

However, the Defendant received from D a description of E’s business plan and “market franchise”, and made a new investment in E by having the Plaintiff, F, etc. invest in E, on the ground that “if many introductions have been made, the Defendant may also join E as an investor.”

As such, the defendant has played a leading role in making investment in E intentionally to many investors such as the plaintiff, etc. with the introduction allowance.

Therefore, in relation to E, the Defendant is either the Defendants or the accomplices who were punished for violating the Seoul Central District Court 2015Ma7028, etc. Dec. 7, 2015 or the Act on the Regulation of Conducting Fund-Raising Business without Permission, or is obligated to compensate the Plaintiff as an

B. The Plaintiff received the introduction of E from the Defendant-friendly C, and requested the Defendant to explain the business of E to the Defendant, and the Defendant again requested D and G to hear the overall business explanation of E from D and G on April 2015, and on May 11, 2015, the Plaintiff was transferred to the Defendant’s account in the registration procedure for investing in E, and was not invested due to the Defendant’s tort regarding E.

2. Facts of recognition;

A. From January 2015, H, I, J, and K, a domestic general manager of E, which is an index futures investment company with its head office in Australia, H and I, J, and L are under the investment activities of E’s index futures from April 2015.

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