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(영문) 수원지방법원안산지원 2017.09.14 2016가합8661
손해배상(기)
Text

1.(a)

Defendant M is the money indicated in the “amount of award for Defendant M” column in attached Table 1 to the Plaintiffs, and each of them.

Reasons

1. Facts of recognition;

A. The parties’ relevant Defendant N is the seat of Defendant M, and the Plaintiffs are either the seat of Defendant M or the persons who became aware of Defendant M through Defendant N.

B. On April 20, 2016, Defendant M, who received the money of Defendant M, made a false statement to the Plaintiff J that “I will return the principal and pay 10% of the investment amount to the principal when investing in the instant officetel sales business.”

However, in fact, Defendant M did not have a appearance in the business of selling officetels, and even if receiving the investment money, it was a situation in which the principal and the fees for senior investors are not paid in order due to the investment funds attracting a new investor, not to pay the fees after making an investment in the business of selling officetels, and the principal and the fees for senior investors are to be paid in order.

Nevertheless, Defendant M was issued 26,897,000 won as investment money by Plaintiff J on April 20 and April 21, 2016.

Defendant M by the aforementioned means, by deceiving the Plaintiffs, received each money listed in the “paid Amount” column of attached Table 1 (hereinafter “each of the instant investments”) from the Plaintiffs as investment money from October 29, 2014 to April 21, 2016, and returned each of the money listed in the “paid Amount” column of attached Table 1 among the investment money received from the Plaintiffs as fees.

C. On the one hand, Defendant N made an investment in the instant officetel sales business to Plaintiff A, C, H, K, L, and B, which is a branch, and Defendant N made an investment in the instant officetel sales business. When investing in the instant officetel sales business, Defendant M would pay the fee to the investors.

Defendant M is each of the instant cases in criminal proceedings against Defendant M (hereinafter referred to as “related criminal proceedings”).

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