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(영문) 서울동부지방법원 2021.01.21 2019가단104274
손해배상(기)
Text

The Defendants jointly share KRW 29,175,000 with the Plaintiff and Defendant B with respect thereto from May 19, 2018 to August 2, 2019.

Reasons

1. Facts of recognition;

A. The Defendants’ fraud, etc. 1) Defendant B, a corporation operating merchandise coupon sales business, can receive a high-amount dividend from an unspecified number of investors by purchasing merchandise coupons through the use of Company E (in the case of a corporation, including only the legal human life) that actually operates with D and a company engaging in financial business specializing in credit, which is a corporation operating merchandise coupon sales business.

In order to attract investors, Defendant C, the head of D Seoul branch office, had the defendant C take charge of attracting investment funds.

2) On January 11, 2018, Defendant C recommended the Plaintiff to make an investment that “in the event of making an investment in money, 50% of the investment principal shall be repaid in merchandise coupons after 10 days from the date of conclusion of the contract, 15 days after the date of conclusion of the contract, and 10% of the investment principal shall be paid as dividends, and 10% of the investment amount shall be paid as dividends on the 30th day from the date of conclusion of the contract, and at the same time, 50% of the investment principal shall be repaid as dividends.”

3) However, the Defendants did not have certain income or special property at the time, and even if they exchanged money after the purchase and sale of gift certificates by receiving money from the Plaintiff, there was no profit equivalent to the above dividends. As such, there was no intention or ability to pay dividends equivalent to 20% of the investment money to the Plaintiff, or to pay the principal, interest, or dividends to the Plaintiff, because they received new investment money from an unspecified number of investors after attracting the investment money by guaranteeing the principal and profit, and they did not return to the so-called “the principal, interest, or dividends, etc. of senior investors.”

B. The Plaintiff’s investment and return 1) The Plaintiff is recommended by Defendant C to make such investment, and from January 11, 2018 to the same year.

2. Until August 18, 200, enter into an investment contract under which principal and dividends shall be paid, such as D and the contents of the solicitation for such investment, and E throughout 16 times.

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