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(영문) 서울동부지방법원 2014.12.16 2013가합17665
손해배상
Text

1. The Defendant’s KRW 20,640,00 for the Plaintiff and KRW 5% per annum from October 1, 2008 to December 16, 2014.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “instant company”) is a company incorporated by Nonparty D, etc. for the purpose of engaging in the fund-raising business without obtaining authorization or permission under the law or filing a registration report.

The instant company paid 10,000,000 won to investors at least one unit of investment, which would be 8% of the principal of each month if investment is made for six months, and 9% of the principal of each month shall be distributed if investment is made in 12 months, and 9% of the principal of each month shall be paid if investment is made in 12 months, and the amount shall be paid after 12 months, which shall be raised from many unspecified investors.

However, the company of this case actually generated a high rate of profit agreed upon through foreign exchange difference transactions and cannot pay such profit due to lack of operational performance. Thus, the principal and interest to be granted to senior investors was a method of making a repayment in order using investment funds held by subordinated investors.

B. Although Nonparty D, E, F, G, H, I, and J had been well aware of the aforementioned facts, the said D established the instant company and took office as its representative director, the said D made false public relations as if it could bring a high-rate investment profit to the instant company by using magazines, such as news agency, etc. around January 2008. The said E, F, G, H, I, and J made a false public announcement as if it would bring a high-rate investment profit to an unspecified number of individuals including the Plaintiff, including the Plaintiff. The said E, F, H, H, I, and J made profits by means of exchange gains. Accordingly, it is without any reason to deem losses. When investing the investment amount of KRW 10 million per the former part for six months, the principal would be paid by allocating 8% of the principal during one month after the investment, and after six months after the end of 12 months after the date of the investment.

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