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(영문) 광주지방법원 2018.08.16 2016가합56276
손해배상(기)
Text

1. Defendant C: (a) KRW 240,291,600 to Plaintiff A; and (b) KRW 423,40,000 to Plaintiff B; and (c) each of them, from July 18, 2018 to July 2018.

Reasons

Basic Facts

E (hereinafter referred to as “E”) has received funds from many and unspecified persons through fund-raising sources, etc. organized in the form of a braille, by advertising that “The FXM trading specialized in futures trading, which is a kind of futures trading of foreign exchange derivatives, can be guaranteed a fixed amount of dividends and principal of 3 to 8% per month if members join E after paying investment funds, and through the personal account opened on the above Internet website, they can confirm investment funds, recommendation allowances, and the details of dividends to be paid in the future.”

However, E does not know the location of the office, the current status of operation, the overseas remittance of the investment funds delivered to fund raisers, the actual user, and the source of dividends delivered to investors, and it does not have the FDM qualification necessary for the FX transactions, and there is no branch office in Korea.

Defendant C is the fund-raising source of F, the highest investor in Korea.

Defendant C is an affiliated company of Thai Kong, Taiwan, and Singapore which has a branch office, and H, an affiliated company of Thai Group H. E is also an affiliated company of Thailand. E receives investments from its members and creates high profits by doing fX horse transactions. It can also directly withdraw dividends to B, which would be paid directly to E head office, if the investment is made. E would receive a dividend of FX horse transactions, and would receive a dividend of 8% dividend for 18 months according to the investment amount, and may receive a return of the investment amount as it is, after 18 months. The payment of the investment amount would be made as a member, and an individual account is established on the Internet site, and the details of the investment amount and dividend can be confirmed in that account.” The current status of E’s operation, the principal of the investment amount, and the method of paying dividends.

Plaintiff

A shall make investments to Defendant C in E.

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