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Reasons
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(영문) 서울중앙지방법원 2016.04.19 2015가합530190
약정금
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1. The Defendant (Appointed Party) shall pay to the Plaintiff KRW 700,000,000 as well as its annual interest from January 1, 2011 to April 8, 2015.

Reasons

1. Facts of recognition;

A. The Defendant (Appointed Party; hereinafter “Defendant B”) has recruited investors from May 2003 to October 2010 to invest in stocks, futures options, and other financial instruments. The Appointed C (hereinafter “Defendant C”) is the spouse of Defendant B.

B. (1) The Plaintiff: (a) concluded the instant investment contract with the investment money of KRW 100,00,000 on December 10, 2009; (b) KRW 50,000,000 on January 5, 2010; (c) KRW 50,000,000 on January 28, 2010; and (d) KRW 50,000,000 on February 16, 2010; and (e) KRW 0,00,000 on February 50, 200 on February 17, 2010; and (e) KRW 80,00,000,000 on March 31, 200; and (e) KRW 30,000,000 on April 5, 2010; and (e) KRW 60,000 on June 6, 2010;

(2) On February 18, 2010, June 10, 2010, and September 2, 2010, the Plaintiff and Defendant B entered into a contract with the following terms as to the said investment amount:

(hereinafter “instant investment contract”) . (See February 18, 2010)

1. Period: 300,000,000 won from February 18, 2010 to December 31, 2010;

3. Target return: 8 to 10% per month;

4. Proceeds will be deposited into the Plaintiff’s account on the last day of each month.

5. Guarantee of principal.

[On June 10, 201]

1. Period: 340,000,000 won from June 10, 2010 to December 31, 2010;

3. Target return: 5 to 10% per month;

4. Proceeds will be deposited into the Plaintiff’s account on the last day of each month.

5. Guarantee of principal.

[Defendant 2, 2010]

1. Period: 60,000,000 won from September 2, 2010 to December 31, 2010;

3. Target return: 5 to 10% per month;

4. Proceeds will be deposited into the Plaintiff’s account on the last day of each month.

5. Guarantee of principal.

C. On November 30, 2010, the Plaintiff filed a complaint against the Defendants on the charge of fraud. Defendant B was indicted as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and was sentenced to two years by imprisonment with prison labor at the Seoul Western District Court on July 10, 2012, and appealed this, but the said judgment was dismissed on September 28, 2012 and the said judgment became final and conclusive against Defendant C.

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