logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2018.02.07 2015가단6940
손해배상(기) 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 27, 1999, the Plaintiff established C Co., Ltd. (hereinafter referred to as “C”) and operated investment advisory business, etc., and D (after election as a candidate for the President of the E-party, elected as a candidate for the E-party president, and was appointed to the F-party president. The Plaintiff established G Co., Ltd. (hereinafter referred to as “G”) on February 18, 2000 and was appointed as a representative director together with D candidates.

However, as a result of the investigation into C by the Financial Supervisory Service, various problems, such as embezzlement of the Plaintiff, were discovered, and the Financial Supervisory Commission revoked the registration of investment advisory business for C. Some investors of C demanded the Plaintiff and D candidates to return the investment amount, and filed a criminal complaint on suspicion of fraud, etc.

Accordingly, the investigation of the plaintiff and D candidates was initiated, and the plaintiff escaped to the United States around December 20, 2001, and the prosecution made a non-suspect of the suspicion of fraud against D candidates.

During the period of 2003 to 2004, G and H et al., investors in C filed a lawsuit for the return of investment amount with the U.S. court against the Plaintiff et al., and the Plaintiff asserted that the actual owner of C is the candidate D.

On January 2004, the Ministry of Justice requested extradition to the United States of America on the grounds that the plaintiff committed embezzlement, etc. and escaped to the United States. Accordingly, on May 2005, the plaintiff was arrested by the United States of America and tried to extradition the criminal.

B. D Candidates were elected as candidates for the E-party of IF presidential election, and the suspicions that D candidates were involved in the Plaintiff’s embezzlement and stock price manipulation as actual owners of C and H Co., Ltd. were raised again, the prosecution constituted a special investigation team on November 6, 2007 to investigate such suspicions.

The plaintiff is a U.S. court on November 16, 2007.

arrow