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(영문) 서울남부지방법원 2018.08.24 2017가단257375
손해배상(기)
Text

1. (a) Defendant B and E Co., Ltd. jointly hold 85,000,000 won for the Plaintiff (Appointed Party) and 9,570.

Reasons

1. Basic facts

A. Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd.”) is a company that collects investments from many unspecified persons to engage in the business of fund-raising without delay, and Defendant B was the representative of the company responsible for the management of funds, investment decision-making, and other business affairs of the company. Defendant C, Defendant D’s subsidiary name, Defendant D’s management director, and Defendant F, working for the Defendant Company as a director.

B. The Defendants conspired to make an investment to investors in the head office or business branch of the Defendant Company by explaining to the effect that “the Defendant Company creates profits through stock investment, bond acquisition, block with (large-scale stock purchase and sale contract), corporate acquisition, or bypass listing. One of the characteristics of our Company is to pay principal and interest. When making an investment payment, the period of the investment agreement shall be three months and shall be 10% per month (it shall be changed to 7% per month from January 2, 2017).” The Defendants received KRW 100 million from the Plaintiff as the investment deposit, and thereafter returned to the Plaintiff under the pretext of dividends, etc.

C. Meanwhile, in collusion with the remaining Defendants, Defendant F is a specialized management consultant company that seeks to acquire or merge shares of the companies listed on KOSDAQ, although the Defendant F was to discover, foster, and support the promising small and medium enterprises, venture businesses, etc. to a specialized investment company, at the head office or business branch of the Defendant F.

The representative of the defendant B is a financial expert and has considerable assets.

The defendant company will re-be a financial holding company as the chairperson of the JJ of the I company would have been influence upon bypassing.

It will suspend all the business of which the financial holding company has been invested in the open market and return the investment principal and interest received by the company.

First, many parts of the company have invested in this company.

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