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(영문) 수원지방법원안양지원 2020.08.27 2019가합628
손해배상(기)
Text

1. Defendant B and C jointly share KRW 553,752,00 for the Plaintiff and Defendant C with respect thereto from July 2, 2019.

Reasons

1. Basic facts

A. Defendant C, along with Defendant B on May 13, 2014, is the F Co., Ltd. (hereinafter “F”) with the objective of investing in foreign financial products on the seventh floor of Gangnam-gu Seoul building, Gangnam-gu.

After its establishment, Defendant B, as the representative director, shall exercise overall control over the management of the company including the management of the investment fund, and Defendant C, as a business director, as a recruitment agent (hereinafter “AB”).

(2) The F selected persons who have experience in the field of finance and insurance and commissioned them as transfer sets and recruited personal investors through the following: (a) was responsible for selection education, investor recruitment management, and transfer allowances; (b) was promoted as if the investment would have been entrusted to a well-known asset management company and would have made a stable high profit by entrusting them with the investment; and (c) was willing to attract investment funds from many and unspecified persons.

Defendant C, as a business director of F, was selected after having interviewed the transfer set and provided education necessary for the business, and was in exclusive charge of the business affairs related to the solicitation of investment funds, such as paying allowances to Egypt.

As the actual representative director of F, Defendant C operated and managed the investment funds solicited by Defendant C in the above manner, and comprehensively controlled F’s operation by taking charge of returning the principal and paying the profits in accordance with an agreement with investors.

3) Defendant D entered into a transfer agreement with F on August 2014, and received investment goods training from F, and introduced investment goods to individuals, and received a certain percentage of commission upon attracting investment funds. (b) Defendant D’s tort against the Defendants: (a) the broadcast of financial design from Internet Broadcasting G to H “H” on December 2014 and around April 2015; (b) the Defendant D promoted and sold F’s investment goods and provided financial counseling to the Plaintiff.

2 Defendant D had the Plaintiff at the F Office on July 3, 2015, and “F had its subsidiaries in the United States, New Zealand, and Hong Kong.”

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