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(영문) 서울북부지방법원 2018.11.16 2017가단126504
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 155,050,000 and KRW 8,400,00 among them, shall be as from August 29, 2014; and KRW 80,000.

Reasons

1. Basic facts

A. Defendant A limited liability company (hereinafter “Defendant Company”) is a corporation established on December 24, 2013 for the main purpose of transferring or taking over the rights of claims, and Defendant C is the representative of the said company as a director of the said Defendant Company.

B. The Plaintiff, on August 29, 2014, remitted to the Defendant Company KRW 80,00,000, KRW 80,000 on June 4, 2015, KRW 970,000 on August 17, 2015, KRW 5,000 on February 29, 2016, KRW 140,00 on June 19, 2016, KRW 10,054,00 on August 31, 2016, and KRW 486,00 on September 1, 2016, respectively.

C. Defendant C, as the representative of Defendant C’s company attracting investment funds in the relevant region as an affiliate of a limited liability company D, is the Defendant C, which is a company attracting investment funds, is the most likely to receive investment funds from investors by pretending to pay the final amount of principal and high rate of investment risk through investment in goods with a high investment risk, and in the meantime, it is impossible to create final profits in the short term from the beginning due to the characteristics of the business that has not been acquired through investment and is infacing investment. Under the business structure where it is necessary to take 9% of the investment funds as fees and pay the final amount of 13% or 18% of the investment funds to the investors, it was not possible to refund the investment funds from subordinated investors, and there was no need to pay the investment funds to the investors first, and there was no intention or ability to pay the agreed interest rate of 11 billion won from the date of the OD partnership, and even if there was no intention or ability to pay the principal to the victims through investment in the construction, it can be possible to avoid or non-performing loans from the Plaintiff.

The company made a false statement to the effect that the company will guarantee the payment of principal and pay 14.5% interest per year after one year, and it is included in the plaintiff.

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