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(영문) 서울중앙지방법원 2018.10.12 2017가합559027
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant E’s investment 1) The Plaintiff received proposals from E to engage in consulting business, such as public offering investment, and used the vice president of the FF corporation with which E is the representative director, and was in charge of soliciting investors. 2) The Defendant, via Plaintiff A, distributed 50% of the profits that “if investing in the public offering of G company is made, 50% of the profits would be made.” If it is incurred, the Defendant sent KRW 200 million in total to H corporation account under the name of H corporation with E as the representative director, under the pretext of investment in the public offering of G, a corporation with whom E is the representative director.

3) The Defendant, via Plaintiff A, intended to distribute 50% of the profits to Plaintiff A while making an investment in the public offering of new shares. If the losses are incurred, the Defendant sent KRW 100 million in total to the account under the name of H Co., Ltd. on July 25, 2016 and each of KRW 50 million on July 27, 2016 to the account under the name of H Co., Ltd. for investment in the public offering of new shares. (B) The Defendant’s criminal complaint was found to have been useful for personal debt repayment, etc. without using the money received from the Defendant for the public offering of new shares; (c) around December 21, 2016, the Plaintiff and E were guilty of fraud; and (d) Plaintiff A and the representative director of Plaintiff B, as the Plaintiff Co., Ltd. and the representative director of the Plaintiff Co., Ltd., on December 21, 2017, paid KRW 100,71,71,2700,717.

2 The defendant and the plaintiff A are as follows on January 14, 2017.

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