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(영문) 수원지방법원안양지원 2017.06.29 2015가단21941
손해배상(기)
Text

1. The Defendants jointly pay to the Plaintiff KRW 196,250,000 and the interest rate thereon from December 2, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B is the person who is the domestic top-level investor of “D” and is the domestic general manager.

B. Defendant B, along with a number of persons with poor names, did not obtain authorization or permission under relevant Acts and subordinate statutes, intended to engage in fund-raising activities, such as raising money from many domestic investors under the pretext of “FX exchange transactions (foreign futures trading)” and, on the Internet Brogs, etc., “D is a company that obtains profits through futures trading, etc. If it invests in 12.50,000,000 won in Korean currency as of 1000,000 won, it shall be paid 300,000,000,000 won compared to principal over 15 months.” On the other hand, Defendant C, a stock company (hereinafter “E”) around September 2014, requested a investment advisory meeting with the above similar contents to receive the said investment funds from abroad remittance and management under the condition that it will pay 2% of the said investment funds as commission, and accordingly, it was planned to receive the said investment funds from abroad to 300,000,000 won from December 29, 20158.

C. From February 25, 2015 to March 27, 2015, the Plaintiff also remitted the sum of KRW 196,250,000 to the E’s national bank account between February 25, 2015 and March 27, 2015.

On the other hand, most of the investments received by Defendant B and D did not transfer to a foreign country and planned to use them as dividends paid to subordinate domestic investors. It is unclear whether the investment goods sold by the said D are profitability and their possibility to redeem the profit. In addition, it is difficult for Defendant B and D to bring up its own sales or profits from the investment funds held by subordinate investors.

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