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(영문) 대전지방법원 2019.01.09 2018나103134
손해배상(기) 등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On April 27, 1999, the Plaintiff established C (hereinafter referred to as “C”) and operated investment advisory business, etc., and received investment money from D (i.e., elected as a candidate for the President for the E-party, and held office as the U.S. President; hereinafter referred to as “D candidate”), and established G Co., Ltd. (hereinafter referred to as “G”) on February 18, 200, and assumed office as a representative director along with D candidate.

However, as a result of the investigation into C by the Financial Supervisory Service, many problems such as the Plaintiff’s embezzlement were discovered, the Financial Supervisory Commission revoked the registration of the investment advisory business for C, and some investors of C requested the Plaintiff and D candidates to return the investment amount, and filed a complaint for fraud, etc.

Accordingly, the investigation of the plaintiff and D candidates was initiated, and the plaintiff escaped to the United States around December 20, 2001, and the prosecution made a non-suspect of the suspicion of fraud against D candidates.

During the period of 2003 to 2004, G and H et al., investors in C filed a lawsuit for the return of investment amount with the U.S. court against the Plaintiff et al., and the Plaintiff asserted that the actual owner of C is the candidate D.

On January 2004, the Ministry of Justice requested extradition to the United States of America on the ground that the plaintiff committed embezzlement, etc. and escaped to the United States. Accordingly, on May 2005, the plaintiff was arrested in the United States of America and the judgment of extradition was conducted.

B. D Candidates were elected as candidates for the E-party of IF presidential election, and the suspicions that D candidates were involved in the Plaintiff’s embezzlement and stock price manipulation as actual owners of C and H Co., Ltd. were raised again, the prosecution constituted a special investigation team on November 6, 2007 to investigate such suspicions.

On November 16, 2007, the plaintiff is repatriated to the Republic of Korea in accordance with the U.S. court's extradition ruling.

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