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(영문) 인천지방법원부천지원 2016.07.19 2015가단107320
손해배상(기)
Text

1. The Defendants jointly share KRW 30,000,000 to the Plaintiff and Defendant B with respect thereto from July 21, 2015, and Defendant C.

Reasons

1. Facts of recognition;

A. Defendant B is the Plaintiff’s workplace who worked in the same workplace as the Plaintiff (D Management Body), and Defendant C is a person who is in a dual-presidential relationship with Defendant B.

B. Defendant C did not have any real estate, including commercial buildings and housing, or any other active property, but did not have a debt amounting to KRW 5 million to the lender, and there was no way to raise profits from stocks with no experience in investing stocks.

However, the Defendants had the ability to make a direct investment in shares, and received a large amount of profits through investment in shares with the fund brokerage fees, so they committed as if they would pay large amounts of profits, and conspired to receive money from other persons and use it at will as a share investment deposit.

C. Accordingly, on November 5, 2014, Defendant B knew the Plaintiff that “A partner in the Republic of Korea (Defendant C) is well-contributed with stock investment, and is making efforts to make equity investments, such as fees for fund intermediaries, and is well-contributable with profits. A partner may make high profits and gain 6% investment profits if he/she makes an investment because he/she has a lot of high-quality information. Accordingly, he/she will be able to make an investment of KRW 7 million. Accordingly, he/she will be able to receive an investment profit with a stock, and he/she would return the principal and the profits as equal to the principal on November 21, 2014.” On the same day, the Plaintiff transferred KRW 7 million to the bank account in the name of Defendant C.

In addition, on November 21, 2014, Defendant B told the Plaintiff that “this time has certain information. The size of the investment is more than KRW 3 billion. At this time, such as the fund manager fee, if the Plaintiff made an investment at this time, he may receive a larger profit. When the Plaintiff makes an investment of KRW 23 million at this time, the principal and the profits will be repaid not later than January 31, 2015.” The Plaintiff is the Defendant’s bank account in the name of the Defendant C on the same day.

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