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(영문) 춘천지방법원영월지원 2017.06.07 2017가단495
소유권이전등기말소등
Text

1. As to real estate listed in Attachment No. 3:

(a) Trade reservation entered into on December 10, 2012 between the Defendant and C, and

Reasons

In fact, the representative E of the D Co., Ltd. promised to guarantee the principal if it invests in the business of purchasing non-performing loans and collecting them at a one-year maturity, and pay monthly the profits calculated at the rate of 18 percent per annum in 12 months to the Plaintiff. The Plaintiff provided the said company with KRW 1 billion per annum on February 7, 2012; February 21, 2012; February 22, 2012; and March 2, 2012; and KRW 1 billion per annum on March 15, 2012.

C, while serving as the auditor of the above company at the time, used the office of the management support office and managed the investment funds. It stated that the above company did not commit a business misconduct or did not pay profits to investors, and that the Plaintiff would pay the principal and interest of the investment normally as stated in the contract.

However, the above company did not have the ability to pay the profits or return the principal with respect to the investment funds received from the plaintiff because it actually failed to obtain profits from debt collection business, and E and C knew of such circumstances, the company, despite being aware of the fact, solicited the plaintiff to make an investment, and prepared a bond acquisition contract.

Accordingly, E and C, etc. were convicted on November 30, 2012 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, etc., and the judgment became final and conclusive.

On April 30, 2014, the Plaintiff filed a lawsuit with Seoul Southern District Court 2014Gahap5617 against C, and was sentenced by the above court on November 25, 2014 to order the payment of KRW 1 billion and its delay damages. The above judgment became final and conclusive around that time.

C In December 10, 2012, among the shares of 330.58/1,983 and the shares of 115.7/1,147 shares among the shares of 330.58/1,983 and the shares of 330.58/1,983 shares among the shares of 696 square meters in the F forest in Pyeongtaek-gun, Gangwon-do, which was owned by the principal on December 10, 2012, and the shares of 115.7/1,147 shares among the shares of 1,09

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