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(영문) 서울중앙지방법원 2018.12.13 2016가합568482
대여금
Text

1. The plaintiff A:

A. Defendant F Co., Ltd.: (a) on Japan’s currency 15,005,121 and 5,000,000 among them, Defendant F Co., Ltd.

Reasons

1. Basic facts

A. 1) The defendant company has its head office in Seocho-gu Seoul and runs the consumer financial business, credit business, etc., and its Internet homepage (M or Japanese language, and its server is opened and managed in Korea.

hereinafter referred to as "website" only

Defendant Company is operating a credit business. The registration of the credit business was completed, but the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act on the Regulation of Conducting Fund-Raising Business without Permission”).

(2) Article 2 of the Act (hereafter referred to as "raising business without permission" in this Act) means any business of raising funds from many and unspecified persons without obtaining authorization or permission, or making registration or report under other Acts and subordinate statutes, which falls under any of the following subparagraphs:

1. Receiving contributions under an agreement to pay the total amount of contributions or the amount in excess thereof in the future;

2. Receiving money under the pretext of deposits, installment savings, installment savings, deposits, etc. under an agreement to pay the full principal or excess amount in the future;

3. Issuing or selling bonds under an agreement to purchase them in the future at least the issue price or selling price;

4. A mutual agreement to compensate for any future economic loss with money or securities, and did not obtain authorization, permission, or make a registration report concerning the act of receiving money under the pretext of membership fees, etc.

2) The Plaintiffs: (a) were Japanese corporations, and (b) the remaining Plaintiffs were natural persons in Japan; (c) leased money to the Defendant Company as seen earlier; (b) Defendant G served as the representative director of the Defendant Company from October 26, 199 to March 31, 2002; and (c) from April 15, 2002 to March 31, 2006 to March 31, 2006, the Plaintiffs served as the representative director of the Defendant Company; and (c) have a position as the president of the Defendant Company even after resignation from the representative director.

4 Defendant H from March 31, 2006 to December 5, 2012, and from December 13, 2012.

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