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(영문) 서울남부지방법원 2014.12.23 2012가합23772
손해배상(기)
Text

1. The Defendants: (a) KRW 200,490,323 against each Plaintiff; and (b) Defendant B and C with respect thereto, respectively, from February 1, 2010 to January 2, 2013.

Reasons

1. Facts of recognition;

A. On September 17, 2009, the Plaintiff, who operated Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”), proposed that “the Defendant Co., Ltd may make high profit by making foreign exchange transactions with the U.S. company after obtaining exchange rate forecast program from the U.S. company, and thus, the Defendant Co., Ltd will pay 3% of the investment amount as monthly dividends and guarantee the principal by paying it as dividends.” The Plaintiff invested 120 million won between the Defendant Co., Ltd. and paid dividends for one year, but the Defendant Co., Ltd. may terminate the contract if the Defendant Co., Ltd fails to perform the obligation to pay dividends without justifiable grounds, and entered into an investment contract with the intent to refund the total amount of the investment principal within 10 days thereafter.

The Plaintiff transferred KRW 120 million to Defendant C’s account on September 18, 2009 according to the above contract.

B. On Nov. 1, 2009 and Dec. 2, 2009, the Plaintiff concluded an investment contract to make an investment of KRW 100 million in the Defendant Company with the same content as the above investment contract after receiving a proposal from Defendant B to “the Defendant Company is making any profit by making any more investment,” and remitted the sum of KRW 100 million in the Defendant C’s account to KRW 85 million on Dec. 4, 2009 and KRW 15 million on Dec. 7, 2009.

C. At the time of the conclusion of each of the above investment contracts, the Defendant Company suffered losses from other investors, and the former representative director left the Republic of Korea. Defendant B and C merely intended to use the Plaintiff’s investment funds as dividend payment, office operating expenses, monthly salary for employees, etc. for other investors, but did not constitute a condition under which it would make high profit by making foreign exchange investments, as proposed to the Plaintiff, and did not have an intent or ability to pay the dividend and the investment principal.

The Plaintiff received dividends of KRW 19,509,677, totaling KRW 3.6 million from the Defendant Company on November 3, 2009, KRW 3.6 million on December 4, 2009, KRW 6.6 million on December 31, 2009, KRW 6,677 on December 31, 2009, and KRW 19,509,677 on February 1, 2010.

E. Defendant B and C shall be the Plaintiff on October 8, 2014.

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