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(영문) 인천지방법원부천지원 2020.08.19 2018가단104186
손해배상(기)
Text

1. The Defendant: (a) from August 22, 2018, to Plaintiff A, KRW 55,513,660; and (b) KRW 27,756,830 to Plaintiff B, and each of the above amounts.

Reasons

The defendant, in collusion with D Co., Ltd. (hereinafter "the company of this case"), received total amount of KRW 82,67,041,187 in total from 827 investors to 4,833 times as the end of each month, and agreed to pay money in full or in excess of the amount of money invested in the future from many unspecified persons for business purposes from March 7, 2006 to January 11, 2018, and provided that "D has collected investment money from individuals and has made investments in the lending company and has made profits from the lending company. The investment period may be selected during three months, one year, and two years, and the amount of 14-16% per annum may be selected at the end of each month, and the principal shall be guaranteed at the end of each month."

In around 2014, the Defendant recommended the Plaintiffs that “The instant company shall operate the franchise called “E” and make a fixed profit if it makes an investment. The Defendant recommended that “The instant company shall pay 15% interest on the investment principal every month, and 12% interest on the investment principal every month when it invests every year, and may receive the principal after the completion of the investment period.”

Plaintiff

A invested KRW 100 million in the instant company on December 17, 2014. From June 2016 to June 17, 2016, A returned the principal amount of KRW 100 million, and thereafter re-investment the money returned from June 29, 2016 to December 17, 2016, and repeated an additional investment. The amount of investment made by the Plaintiff during the period from June 29, 2016 to December 17, 2016 is KRW 100 million in total.

Plaintiff

B made an investment from June 2014 to re-investment after receiving a return of investment money, and invested KRW 50 million in the instant company on June 30, 2016.

The defendant is above A.

A judgment of conviction on April 8, 2020, which was sentenced to imprisonment for a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, for the same crime as stated in the paragraph, was handed down for two years and six months.

(Seoul Central District Court 2018 High Court 6573, 2019 High Court 4796(c).

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