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(영문) 서울중앙지방법원 2016.01.14 2014가합19009
손해배상(기)등
Text

The defendant shall pay to the plaintiff KRW 13,500,000 and KRW 2,00,000 among them, from January 17, 2008, and KRW 500,000.

Reasons

Basic Facts

Around April 27, 1999, the Plaintiff established and operated the so-called “C case” company D (formerly changed to E, F, and D, collectively; hereinafter collectively, the same shall apply) and operated an investment advisory business and discretionary investment business to the Financial Supervisory Service on November 16, 199, and operated the investment advisory business and discretionary investment business.

On January 200, the Plaintiff agreed to establish an Internet securities company, etc. as a candidate for G candidate ( regardless of whether before or after acquiring the candidate’s status, G candidate was elected as a candidate for J. K.). Accordingly, the Plaintiff established L Co., Ltd. (hereinafter referred to as “L”) on February 18, 200 and M Co., Ltd. (hereinafter referred to as “M”) on February 2, 2001 and appointed each representative director or director as a candidate for G.

On the other hand, the plaintiff collected shares of N(N) from December 200, and acquired management rights on February 26, 2001 and held office as representative director.

As a result of the inspection conducted by the Financial Supervisory Service with respect to C during the period from March 2, 2001 to March 13, 2001, problems such as shortage of operating professionals, Plaintiff C’s embezzlement of funds, and false preparation of investment reports have been discovered. The Financial Supervisory Commission revoked C’s registration of investment advisory business on April 27, 2001.

After that, the investors of C requested the Plaintiff and G candidates, etc. to return their investment funds, and the Plaintiff and G candidates were accused of fraud, etc. around October 2001, the Plaintiff and G candidates were accused of fraud, etc. On or around December 6, 2001, the Plaintiff was arrested to the prosecution and was released by mutual consent with theO. On or around December 20, 201, the Plaintiff escaped to the U.S. on or around December 20, 2001, and the prosecution took a measure of non-guilty suspicion of fraud against G candidates.

After that, on May 30, 2003, P Co., Ltd. (P) filed a lawsuit against the Plaintiff and the Plaintiff’s wife Q in the U.S. court for the return of KRW 15 billion. On February 27, 2004, L also filed a lawsuit against the Plaintiff in the U.S. court.

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