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(영문) 서울북부지방법원 2015.11.26 2014가단37702
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. At around December 2012, D, E, F, G, etc. (hereinafter “D, etc.”) and the Defendants: (a) around the office of a stock company I (hereinafter “I”) located in the Gangnam-gu Seoul Metropolitan Government H building; (b) D, as the president, took charge of the overall management of funds, including the management of investments and the payment of dividends; (c) E, as the representative director, takes charge of investor recruitment and organization management; and (d) Defendants, G, etc., as the chief director, take charge of the duties of investor recruitment and investment explanation; and (e) made an investment of KRW 5 million per investment to investors, the Defendants, and G, etc., agreed to receive the principal and dividends from many and unspecified persons, including but not limited to marketing methods, by explaining that the principal and dividends should be paid twice as much as the principal and dividends for eight months during the futures option transaction.

B. From December 14, 2012 to July 18, 2013, D, etc. and the Defendants agreed to pay a total of KRW 5,124,236,572 per share in the same manner for the following four months to unspecified persons, including the Plaintiffs, including the Plaintiffs, for a total of 696 occasions, the amount exceeding the amount of investment was paid in the future by providing a business explanation to the effect that “if an investment of KRW 5,00,000 is made in one unit, the amount of income shall be paid in three times a week during the four-month period from the futures option transaction (total of KRW 4,80,000) and that each share shall be paid in the same way (total of KRW 4,80,000).”

C. D, etc. and the Defendants were indicted by Seoul Central District Court 2014Kadan1528 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission. The Defendants were sentenced to imprisonment for 6 months and 2 years of suspended execution in each of the above courts on September 16, 2014. The said judgment against the Defendants became final and conclusive around that time.

On the other hand, the Plaintiff filed a lawsuit against D and E for the return of investment funds as the Suwon District Court Branch 2013Kahap5195, and the said court rendered the said lawsuit on August 1, 2014.

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