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(영문) 서울중앙지방법원 2021.01.14 2018가합567094
손해배상(기)
Text

Defendant AH, Inc., Inc., and AJ jointly and severally with Plaintiff A, B, E, F, H, I, L, M, Q, Q, R, U, M, X, Y, AA, AB, AC, and AC.

Reasons

1. Basic facts

A. Defendant AH (hereinafter “Defendant AH”) is a corporation established on April 17, 2015 for the purpose of telecommunications sales business, etc. for lending so-called P2P (P2P to P2P; hereinafter “P2P”), which connects multiple investors via online, and Defendant AH is a corporation established on May 14, 2015 for the purpose of lending business related to P2P lending (hereinafter “P2P lending business”).

B. When Defendant AH posted an investment product on its website, it discloses information necessary to determine whether to grant a loan, such as credit rating, purpose of loan, and collateral ability of a specific borrower, and individual investors who are members of the said company are to analyze the above information stated in the investment product and determine whether to make an investment and the amount of investment.

Defendant AI entrusted Defendant AH with the management of the above investment amount, lent the investment amount for specific P2P goods to the borrower of the pertinent P2P goods, and if the borrower subsequently redeems the principal and interest, the amount was distributed to the said investor.

(c)

The Plaintiffs invested each amount indicated in the same list of investments in each investment product listed in attached Table 1 column, and received the principal and interest payment certificate issued by Defendant AI for each investment product.

The respective principal and interest received by the plaintiffs include investment amount, loan name, repayment method (temporary repayment of principal maturity), investment interest rate, investment period, etc.

(d)

Defendant AJ and K were registered as joint representative director from the time of each company of Defendant AH and AI to April 25, 2017.

E. During the period from March 19, 2018 to April 25, 2018, the Financial Supervisory Service conducted a full fact-finding survey on domestic P2P enterprises. During that process, Defendant AH’s fraud and embezzlement suspicion was discovered, and the Defendants’ investigation was initiated.

F. Defendant AJ, Defendant AH and AI.

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