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(영문) 서울중앙지방법원 2017.02.14 2016가단17505
손해배상(기)
Text

1. The Defendants jointly and severally against the Plaintiff KRW 126,00,000 and the Defendant B from August 30, 2013.

Reasons

1. The facts of recognition are as follows: Defendant C et al., who run Defendant D Co., Ltd. (hereinafter “Defendant Company”), a fund-raising company similar to Defendant B, conspired with each other; Defendant B et al., to share their respective roles to take charge of investment explanation, investment inducement, etc.; and C et al., to take charge of overall fund management; and to attract the principal and profit, etc.; and to conduct fund-raising under the name of Defendant

Accordingly, on August 27, 2013, Defendant B recommended the Plaintiff to make an investment to the effect that “When investing in the NPL auction goods of Seocho-gu Seoul Metropolitan Government 124 Dong-dong 1703, Defendant B would pay the principal of the investment and 3% of the monthly profit after 4 months, the principal of the investment and 4% of the maximum amount of the maximum amount of the debt.”

However, in fact, even if acquiring non-performing loans, there is no guarantee that such real estate will be awarded a successful bid, and since the domestic real estate will be loaned a large amount of money in order to pay the balance even if the real estate is awarded a successful bid, it is actually impossible to pay the principal of investment and earnings agreed within four months, and it is eventually impossible to make payment of the principal of investment and earnings from subordinated investors, and eventually, it is impossible to make payment of the principal of investment and earnings from senior investors as the investment funds received from senior investors, so long as a new investor is not induced, there was no intention or ability to pay the principal of investment and earnings from senior investors, and the investment funds actually received from

Defendant B and C, as seen above, by conspiracy with the Plaintiff, deceiving the Plaintiff as above, and KRW 100 million on August 27, 2013, and KRW 26 million on August 30, 2013.

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