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(영문) 울산지방법원 2015.07.23 2013가합1934
손해배상(기)
Text

1. Defendant B and Defendant D jointly share KRW 300,000,000 with respect to the Plaintiff and the Plaintiff from April 26, 2012 to April 2013.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that manufactures swine feed using food waste. Defendant C is the representative director of Defendant B, and Defendant D is the actual representative of Defendant B.

Defendant D has operated 10 pigs breeding farms, such as F farms in Gyeongcheon-gun E.

B. From February 2010 to August 2010, Defendant D intended to take advantage of the weather that Defendant B and pigs farm were practically operating, to obtain investment from many unspecified investors, and selected local investors recruitment policies throughout the country. The Plaintiff and G were included in the Ulsan Regional Investment Solicitation Act.

C. Defendant D, as well as the Plaintiff and G, had the Plaintiff and the Plaintiff received food waste from the Busan Metropolitan Government captain-Gun office, etc., and received the Defendant company that manufactures dry swine feed (hereinafter “instant feed”), and supplied the said company’s livestock feed to F farms located in Gohap-gun, Gyeongcheon-gun, Gyeongcheon-gun, thereby raising new swine (hereinafter “instant plant”). Upon making an investment, Defendant D explained that “The Plaintiff will return the principal of the investment after four months and pay dividends that amount to 30% or 40% of the principal amount of the investment,” and provided that “The Plaintiff, G, etc., which is an investor recruitment scheme for the Ulsan-do regional investors, would bring considerable profits to the local investors if they purchase new pigs in large volume and sell them for a certain period of time. When the Party made an investment, it would return the principal amount of the investment to the Plaintiff and 5% of the principal amount of the investment.”

However, at the time, Defendant B paid a large amount of 3.3 billion won to Defendant B, and the amount of interest for each month was paid to the employees. The amount equivalent to KRW 20 million per month is paid to the employees.

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