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(영문) 서울남부지방법원 2017.09.07 2017가합104539
손해배상(기)
Text

1. The defendant attached Form to the plaintiffs

2. Each relevant gold source and each of the above in the “(6) human sum” column of the quoted amount sheet.

Reasons

Basic Facts

A. The Defendant established B Co., Ltd. and C Co., Ltd. around February 2008 and around October 2014. Since around September 2010, the Defendant established a foreign corporation and carried out overseas projects, such as FX M& brokerage, etc., while investing in the said foreign business, and recruited investors as if they were to pay the agreed revenue and return the investment principal.

B. As between the Defendant and the Defendant, when the Plaintiffs invested each amount indicated in the “investment amount” column on each date indicated below, the Defendant would manage the investment amount and pay monthly profits. The Plaintiffs paid the Defendant the investment amount indicated in the “total amount” column below to the Defendant.

(2) In relation to the termination of the contract, each of the investment contracts entered into by the Plaintiffs (hereinafter referred to as the “instant investment contract”). The instant investment contract concluded to the effect that the investor may terminate this contract by providing written notification to the business operator even before the expiration of the contract period, and that the business operator shall return the remaining amount after deducting the dividend payment and termination fee paid from the investment amount, within 10 business days or one week from the date on which the investor was requested to terminate the contract.

On the other hand, some of the investment contracts of this case stipulated that “In the event that a business operator is unable to perform his/her duties for more than six months due to detention, etc. of the business operator, the investor may give notice of termination to the business operator, and the business operator shall refund the full amount of the investment to investors by the end of

(hereinafter) The provision stipulating to the effect that “the full amount would be returned when detained” in a part of the instant investment contract refers to “the agreement to return the full amount at the time of detention” and the deadline for the business operator to return the investment amount at the time of exercising the right to terminate the agreement shall be “the time limit for return of the investment amount”. The total amount of investment amount (won) on the date of the agreement for investment (the

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