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(영문) 서울고등법원 2015.10.13 2015나2001312
손해배상(기)
Text

1. both the Plaintiff’s appeal and Defendant D’s selective claim against Defendant F, added in the trial.

Reasons

1. Facts of recognition;

A. N Co., Ltd. (hereinafter “instant company”) is a company incorporated by Co-Defendant B, etc. of the first instance court (hereinafter “B”) for the purpose of engaging in an act of fund-raising without obtaining authorization or filing a registration report under the laws and regulations.

B. The instant company distributed 8% of the principal of each month if investments are made for six months since it can create a lot of profits through foreign exchange difference trading if it pays more than 10 million won to investors, and 9% of the principal of each month shall be distributed if investments are made in 12 months, and 9% of the principal of each month shall be paid if investments are made in 12 months, and the amount shall be paid after 12 months, with the advertisement that the principal may be paid from many unspecified investors.

However, the company of this case actually generated a high rate profit from the exchange difference transaction to the extent agreed, and thus, it is difficult to pay the profit due to the lack of operational performance. Thus, the principal and interest to be granted to senior investors was operated in the way of making a repayment in order by using the investment funds kept from subordinated investors.

C. The Plaintiff invested a total of KRW 430 million in the instant company (transfer to the account of the instant company) as follows, and around that time, received a total of KRW 64 million from the instant company under its own or T’s name as profit.

- - The amount of KRW 30 million on June 18, 2008 - the amount of KRW 200 million on July 24, 2008 (the amount of KRW 100 million on the Plaintiff’s title) - The amount of KRW 25.20 million on July 25, 2008

D. Around October 2008, the company’s overall control over the operation of the company of this case escaped abroad. The Defendants, etc. were prosecuted as an act related to the solicitation of investment funds of the company of this case and was sentenced to the following judgment at the first instance court on July 16, 2012.

[Defendant D] In collusion with B, Co-Defendant C, E (hereinafter “C”) of the first instance court in collusion with the Defendant Company C, E (hereinafter “E”).

(b) such as paragraph (3).

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