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(영문) 부산지방법원 2019.07.11 2018가단321060
손해배상(기)
Text

1. The Defendants jointly share KRW 125,951,50 with respect to the Plaintiff, and Defendant B, C, D, and E with respect thereto from August 30, 2018.

Reasons

1. Basic facts

A. The Plaintiff is an investor who invested money in Defendant F Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company is established for the purpose of asset management consulting business. Defendant B is the representative director of the Defendant Company, who is in charge of education on the business performance, major promotion projects, future prospects, etc. of the Defendant Company against investors. Defendant C is a director of the Defendant Company and the head of the headquarters, who is in charge of promoting Defendant B and the investors. Defendant D is a person who is in charge of managing the corporate account of the Defendant Company as the head of the computer division of the Defendant Company, and is in charge of paying dividends, etc. to investors while managing the corporate account of the Defendant Company. Defendant E is a person who is responsible for promoting the Defendant Company by explaining specific investment methods, dividend payment methods, etc. to investors who wish to make an investment.

B. On August 14, 2017, the Plaintiff, including the Plaintiff’s investment in the Defendant Company, remitted KRW 16,900,000 to the Defendant Company as investment deposit, KRW 15,60,000, around August 29, 2017, and KRW 45,500,000 around September 14, 2017, and KRW 78,000,000 around November 28, 2017, and received KRW 29,788,50,00 as dividend from the Defendant Company.

C. Defendant B, C, D, and E during the criminal proceedings against Defendant B, C, D, and E, “Defendant B, C, D, and E” shall invite many victims to make investments as members of the Defendant Company and shall pay dividends and equities in excess of the investment amount. By receiving money from the victims as investment money and making most of them to return money under the name of dividends to the existing investors, etc., they shall operate the Defendant Company in the form of a prompt return to prevent them from being paid as dividends. The Defendant Company shall explain the business of the Defendant Company to four victims including the Plaintiff, with the permission of the Financial Supervisory Service.

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