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(영문) 서울동부지방법원 2018.04.25 2017가단2879
투자금반환
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) with the aim of mediating the sale and purchase of securities and providing related services, and Defendant D is the executive director of Defendant Co., Ltd.

The Plaintiff, as an entrusted member of the Defendant Company F’s business division, was engaged in the business of inviting investors.

B. On July 1, 2014, the Plaintiff concluded an investment contract by soliciting the designated parties to subscribe to G investment products.

The designated person paid the Defendant Company a total of KRW 100,000,000 from that time until December 24, 2015 as investment money.

Afterwards, 30,000,000 won was refunded out of the above investment funds.

C. On June 26, 2014, the Plaintiff concluded an investment contract by soliciting H to subscribe to I’s investment products.

H paid 20,000,000 won to the Defendant Company as investments.

H around December 15, 2015, around December 15, 2015, transferred to the Plaintiff the right under the said investment contract (right to claim the return of investment amount, etc.).

The Defendant Company invested all the investment funds received from the Appointor and H in the JAB.

Since then, K's representative of the K-B-B-B-B-B-B-B-B-C-B-B-C

[Ground of recognition] Facts without dispute, Gap 15 evidence, Eul 1 to 4 evidence, Eul 7 evidence, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The primary cause of claim - The Plaintiff claiming the return of the principal of the investment, but the investment contract that the Plaintiff and the designated person concluded with the Defendant Company is an investment contract whose principal is not guaranteed. Therefore, there is no ground to claim the return of principal.

The plaintiff's primary argument is without merit.

B. Preliminary Claim - The Plaintiff, based on a tort, has the duty to protect investors by deceiving the Defendants as the principal is guaranteed, and there was no intent or ability to return the investment money, not notifying the discretionary investment business without being registered with the financial authority, and not providing an explanation of the investment risk.

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