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(영문) 서울중앙지방법원 2021.01.29 2018가단5216035
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C is 86,800,000 won and 5% per annum from November 1, 2018 to January 29, 2021.

Reasons

1. Basic facts

A. On May 13, 2014, Defendant C established D Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of investing in foreign derivatives, etc., and, taking overall control over the management of the company including the operation of the investment fund, publicized as if it would entrust the investment fund to a famous asset management company in a stable manner, thereby soliciting investments from investors.

B. Defendant B, who had worked as a financial consultant with the trade name of “E”, introduced to the Plaintiff a product that pays monthly dividends of 1% (hereinafter “investment product of this case”) at the end of one year with the FX-E trading product of Nonparty B with financial consulting.

(c)

On October 2016, Defendant B and the Plaintiff entered into an investment agreement with Defendant B and the Plaintiff as “investors”, “business entity”, “investment company”, and “investment amount of KRW 120 million” and “investment amount of KRW 120 million.”

Article 1 [Purpose of Investment and Use of Funds] Funds invested by an investor shall be used for any of the following subparagraphs according to the business judgment of the business entity:

(1) Article 2 of the Investment Company (Investment Funds and Distribution) (1) The deadline for an agreement on investment gold agreements shall be one year from the date on which a business operator receives investment funds.

(2) A business entity shall pay investors an investment reserve (one percent per month) with dividends accruing from investment.

However, the amount of profit dividends may be adjusted through consultation with investors and business entities.

(d)

The Plaintiff deposited KRW 60 million on October 12, 2016, and KRW 60 million on October 13, 2016, into Defendant B’s account, and invested in the instant investment product. Defendant B deposited the sum of KRW 120 million on October 14, 2016, into the account in the name of Nonparty B.

E. From November 2016 to November 201, 2017, Nonparty Company paid KRW 13,200,000 to the Plaintiff a total of KRW 13,200,00,000 as dividend for investment in the instant investment product.

However, Defendant C.

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