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1. Defendant B’s KRW 241,00,000 and interest rate of KRW 15% per annum from December 29, 2015 to the date of full payment.
Reasons
1. The Defendants of the basic facts were indicted for violating the Act on the Regulation of Conducting Fund-Raising Business without Permission (Seoul Central District Court Decision 2008Kadan2830). On July 10, 2008, Defendant B was sentenced to imprisonment for eight months, suspended sentence two years, Defendant C and D were sentenced to imprisonment for six months, suspended sentence for one year, and suspended sentence for one year. On July 18, 2008, the above judgment became final and conclusive.
Defendant B operated the “E” as a wholesale and retail company, including cosmetics, and was in charge of attracting investors. Defendant C also belongs to the said company and was in charge of attracting investors. Defendant D also belongs to the said company and was in charge of managing investment funds.
The Defendants, at the office of “E” located in Seocho-gu Seoul Metropolitan Government Ftel, invited investors to make an investment with a business explanation stating that “The Korea Assets Management Corporation, which has purchased the claims of the Korea Asset Management Corporation, is an organization that sells the claims purchased from the Korea Bank, Japan Bank, etc., and raises enormous profits therefrom, and if such money is invested, the principal shall be guaranteed and the profits of 6-8% per month shall be paid.”
The Defendants agreed to pay the principal of the investment and the amount in excess thereof in the future without obtaining authorization, permission, or filing for registration under Acts and subordinate statutes, and received from the Plaintiff an investment of KRW 816,400,000 from the total of six persons, such as receiving KRW 241,00,000 from the Plaintiff.
(Provided, That with respect to Defendant C, and D, the amount of KRW 70 million received from G shall be excluded). [Grounds for recognition] A without dispute, entry of evidence No. 1, and the purport of the whole pleadings
2. The plaintiff's assertion
A. Since the Defendants participated in the fund-raising organization and induce direct investment from the Plaintiff or take charge of the management of investment funds, they are obligated to compensate for damages equivalent to KRW 241 million of the Plaintiff’s investment amount as joint tortfeasor.
B. The investment contract between the Defendants and the Plaintiff is null and void in violation of the mandatory law.