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(영문) 춘천지방법원 원주지원 2018.04.26 2016가합6350
손해배상(기)
Text

1. The Defendants respectively,

A. As to Plaintiff A’s KRW 200,000,000, and KRW 30,000,000 to Plaintiff B, and each said money, respectively.

Reasons

1. Basic facts

A. On June 26, 2015, Lomens Co., Ltd. (hereinafter “ Lomens”) transferred the 9th non-guaranteed private equity convertible bonds (hereinafter “instant convertible bonds”) and 4,000 common shares (hereinafter “I”) that occurred on December 24, 2014 to H (hereinafter “H”) and Defendant E.

B. Around July 2015, H and Defendant E delegated the exercise of the right to convertible bonds worth KRW 500,000,000, out of the instant convertible bonds that were taken over from mentmen, to J (hereinafter “J”).

C. On July 2, 2015, Plaintiff A remitted KRW 200,000,000 to I and allocated KRW 66,666 shares for capital increase. Plaintiff B transferred KRW 30,000,000 to I on the same day and received KRW 10,000 shares for capital increase.

E. On July 2015, Plaintiff D paid KRW 100,000,000 for the purpose of investing in the instant convertible bonds, and Plaintiff C paid KRW 30,000,000 for each of the following reasons:

F. The shares of I were suspended on August 18, 2015, and were delisting on April 28, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 7, 11 through 15, Eul evidence 2, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendants, even though they were to pay only the down payment out of the price of the instant convertible bonds to the Plaintiffs I, were fully paid the price of the instant convertible bonds. Investment in the amount of KRW 10,000,000 has been induced, and the Defendants, by deceiving the Plaintiffs into false facts, such as attracting Chinese tax-free shop business, thereby jointly committing tort by attracting the Plaintiffs’ investment.

B. Defendant E, F, Defendant E, and F did not encourage the Plaintiffs to make direct investments, and they did not deceiving the Plaintiffs by false facts.

3. Determination

A. Whether liability for damages is established or not, Gap evidence Nos. 9 through 11, 17, 18, Eul evidence No. 5, witness K's testimony, and new mutual savings bank order to submit financial transaction information.

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