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(영문) 서울남부지방법원 2012.08.16 2011가합6305
위탁금반환
Text

1. The Defendant is the Plaintiff I’s KRW 16,00,000, and 5% per annum from April 13, 201 to August 16, 2012.

Reasons

1. Basic facts

A. The relevant party’s position is a company established for the purpose of financial investment business, such as investment trading business, investment brokerage business, investment advisory business, etc., and Nonparty AD was working for the investment information team at the head office of Nonparty AE company from August 18, 2008 to February 7, 201, and was employed as the head office of the Defendant Company’s AF branch from February 7, 201.

The Plaintiffs are those who deposit money with the Plaintiff’s personal account or the Plaintiff’s personal account designated by AD upon the investment recommendation of AD as shown in the attached list 2.

B. On August 10, 2009, the Defendant Co., Ltd. (hereinafter “AD”) conducted securities broadcasts “AG” for two months, in collaboration with the Over-Korea Economic Telecommunication Expenses and the Korea Communications Commission, which were cable broadcasts. AD followed “AH techniques, etc.” in the said broadcast, and was also contributing to the said cable broadcasts “AI” and “AJ” program.

The Defendant Company planned to broadcast an online broadcast “AK at the point of AF of the Defendant Company’s AF through the last broadcast prior to the closure of AG, and the said broadcast was publicized that AD would participate as the team leader.

In fact, at the broadcasting room of the defendant company AF branch of the defendant company, the defendant company participated in AD and three other employees of the defendant company and broadcasted the above "AK."

C. On August 18, 2008, when the demand for the repayment of the AD’s funds was continued after the entry into the Defendant Company, the said demand was made to recover from the AD from the investors in an economic difficult situation, such as the occurrence of a loss equivalent to KRW 80,000,000, in the course of receiving the personal money from Nonparty AL, a customer, who became aware of while working in the AD Company in 2007, and making an investment in stocks. Since the demand for the repayment of the funds was continued after the entry into the Defendant Company, the said demand was made to borrow money from those who were to escape from the pressure, and the liabilities continuously increase due to the horse increase amounting to KRW 80,00,00,000, it was made from the investors.

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