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(영문) 서울중앙지방법원 2020.07.10 2017가합588292
대여금
Text

1. Defendant S or T Co., Ltd. shall jointly:

A. Plaintiff A: KRW 95,900,000; KRW 45,500,000 to Plaintiff B; and Plaintiff C.

Reasons

1. Facts of recognition;

A. From March 2015, Defendant S offered investment funds to many and unspecified persons in Seoul, Gangnam-gu, Seoul, and W (hereinafter “Defendant T”), and from April 2017, Defendant U Co., Ltd. (hereinafter “Defendant U”); and from Gangnam-gu, Seoul, X andY, Defendant U (hereinafter “Defendant U”); and, in case of a common name with Defendant T, the “Defendant Co., Ltd.”).

B. Defendant S: “Defendant T owns the shares of the mine located in Gangwon-do; there are many profits from the mine in question, and the amount of collected money would be in the future 100 years. When loaning the mine drilling fund, 2% interest shall be paid every month; if any loss occurs, the entire amount of principal shall be restored; and if the loss occurs, the amount of principal shall be paid to the Plaintiffs”; and “Defendant U would create profits by taking over the hotel located in Jeju-do and bring overseas bills to Korea, and bring them into cashed through the bank, which would result in a lot of profits.”

However, in fact, Defendant T and U operated by Defendant S did not have a professional manpower capable of carrying out the business, such as mine and real estate investment, which is pursued by the company, and there was no clear profit-making business operation since its business contents are not specific or properly activated. Since the investment money of investors later invested by the method of a prompt term “prehion” did not have to pay the principal of investment and the profits from the existing investors, if an investor fails to attract investors continuously, there was no intention or ability to pay the principal of investment and the profits from the agreement.

Defendant S, as seen above, issued a monetary loan agreement, loan certificate, etc. to the Plaintiffs, received each money as indicated in the “paid amount” column of the attached Table from the Plaintiffs and acquired by deception.

The other party to the payment of money by the plaintiff is the defendant in the attached Table.

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