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(영문) 창원지방법원 2019.09.20 2018가단7330
투자금반환
Text

1. The Defendant’s KRW 23,820,70 with respect to the Plaintiff’s KRW 5% per annum from July 24, 2018 to September 20, 2019.

Reasons

1. Facts of recognition;

A. C was established for the purpose of engaging in a fund-raising business without obtaining authorization or filing a registration pursuant to the laws and regulations, or without filing a registration, and, through a fund-raising source organized in the form of a braille, the FXE transaction, which is a kind of futures trading of foreign exchange derivatives, misrepresented to a specialized financial institution, thereby receiving funds from investors by promising to guarantee the principal and high yield of investment deposits, and to pay a prescribed dividend.

B. The Defendant stated to the Plaintiff that “C has obtained the authorization of FDM (FDM) necessary for FXM transaction. C has received investment from its members to create high profits by doing the FX horse transaction. The Defendant, as a domestic top-tier member, may directly deposit the investment amount to C head office on the face of the State, and transfer the dividends to C in cash. When joining as a member after paying the investment amount to C, a fixed amount of 3-8% per month and the principal may be guaranteed after 18 months.” The Defendant received the investment amount.

However, C did not have the FDM qualifications required for the FXM transaction, and was not authorized for the banking business for guaranteeing the principal and receiving investment funds.

In addition, C did not have a branch office in the Republic of Korea, and it was found that there was no overseas remittance of the investment funds delivered from the fund raiser and the source of the dividend delivered to the investors.

C. After being solicited to make an investment from the Defendant and its fund raisers, the Plaintiff transferred each of the money indicated in the “investment amount” column in the following table to the Defendant’s account as the investment amount to C.

(1) An investment amount of KRW 32,680,70 on July 18, 2014 and KRW 69,180,700 on December 30, 2014: 30,250,000 on December 18, 2014;

D. On April 21, 2016, the Defendant is entitled to guarantee the principal and high profit when investing in C at the Seoul Central District Court.

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