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1. The Defendant: 230,000,000 won to the Plaintiff (Appointed Party); 50,000,000 won to the appointed Party C; and 46,000,000 won to the appointed Party D.
Reasons
1. Indication of claim;
A. On October 10, 2014, the Defendant established J Co., Ltd. to attract investment from many and unspecified investors and provided a fund-raising business without delay.
B. The designated parties, including the Plaintiff (designated parties, hereinafter “Plaintiffs”), invested the money by hearing the statement that the Defendant would guarantee the profits of more than 1% per month when investing in the FXM transaction conducted by the said company.
However, in fact, the defendant did not have the intent and ability to pay the principal and interest to investors through normal investment as the method of repaying senior investment with subordinated investment.
C. From 2015 to 2016, the Plaintiff invested KRW 230,00,000 for the Defendant; KRW 50,000 for the Selection; KRW 46,000 for the Selection; KRW 30,000 for the Selection; KRW 160,000 for the Selection; KRW 160,000 for the Selection; KRW 30,000 for the Selection; KRW 240,000 for the Selection; KRW 160,000 for the Selection; KRW 160,000 for the Selection; and KRW 160,000 for the Selection; and the Defendant agreed to return the full amount of the investment when the investment period expires or the grounds for termination occur, such as detention or missing.
(hereinafter “instant investment contract”). D.
The defendant was detained on September 2016 due to the crime of fraud, etc., and the conviction of 15 years of imprisonment against the defendant was finalized on December 13, 2017.
(Court 2016 Gohap932, Seoul High Court 2017No595, Supreme Court 2017Do16223). E.
Therefore, since the investment period of the investment contract of this case has expired or the grounds for termination have occurred, the defendant is obligated to pay the above investment amount and damages for delay to the designated parties, including the plaintiff.
2. Article 208 (3) 1 of the Civil Procedure Act of the applicable provisions of Acts;