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(영문) 서울중앙지방법원 2018.08.17 2017가단5220310
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D promised to pay 20 to 50% of its profits in a stable manner against the students of a school with trust knowledge of their educational background and experience, such as graduation from the prestigious business department, foreign banks, and career-based economic department, and began to make investments in futures trading after receiving 25 million won from E on May 31, 2013, and 25 million won from Defendant C on June 9, 2013, in return for promising them to pay more than 10% of its profits.

The Plaintiff, Defendant C, and D are students of the elementary school, and Defendant C is the representative director of Defendant B Co., Ltd. (which was changed to the current trade name on October 10, 2017, and the previous trade name was F Co., Ltd.; hereinafter “Defendant Company”).

B. Around August 2013, D had reported considerable loss of principal due to futures trading investments, and paid profits by continuously receiving investments from many victims as if they had accrued profits, and a plan to obtain personal profits under the pretext of fees, such as commission, the Plaintiff made a false statement to the effect that “I will secure the principal by investing in futures trading according to the investment method known only by Ghana, and secure a stable amount of profits. At the same time, I would pay 24% of the profits to D, whichever was the same, by securing a stable amount of 100% per annum or more per annum without risk of principal loss.” The Plaintiff paid to D each of them the total amount of KRW 200 million per annum (hereinafter “the total amount of damages”).

C. As above, D was prosecuted for committing the crime that deceiving the Plaintiff and obtained KRW 200 million from the Plaintiff as investment money, and acquired by fraud. The Seoul Central District Court (2015Gohap501) is guilty of all the above criminal facts on May 26, 2016.

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