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(영문) 서울남부지방법원 2017.10.26 2016가합109926
손해배상(기)
Text

1. Defendant I: (a) 76,950,00 won to Plaintiff A; (b) 30,000,000 won to Plaintiff B; (c) 80,000,000 won to Plaintiff C; and (d) 70.

Reasons

1. Basic facts

A. Defendant I recommended the Plaintiffs to make an investment by: (a) the head of the branch office of Defendant J Co., Ltd. (hereinafter “Defendant J”); and (b) the head of Defendant K Co., Ltd. (hereinafter “Defendant K”); and (c) the head of Defendant K Co., Ltd. (hereinafter “Defendant K”); (d) having been aware of the fact that it is well-known with Defendant K’s representative L, and, in particular, it would ensure the high-income amounting to 1-10% per month and at least that it would not cause damage to the investment principal.

However, even if Defendant I received money from the Plaintiffs, it was thought that it will be used for living expenses, personal debt repayment, return of investment funds to existing investors, etc., and it did not have any intent or ability to pay the principal and profits to the Plaintiffs.

B. Defendant I received the investment funds from the Plaintiffs as follows, and Defendant I also prepared a loan certificate in its name with respect to a part of the investment funds.

The Plaintiff’s investment amount (won) 1 A from February 29, 2016 to June 15, 2016, 7,6950,2 B B on May 26, 2016, 30,000 C C from March 28, 2016 to July 10, 2016, 4D 50,000 to April 8, 2016 to July 7, 2016, 20245 E from May 23, 2016 to May 24, 2016 to KRW 5 million on May 26, 2016, and Defendant 160,000,000,000 from Defendant 216-6,50,000,000,000 won and KRW 1.5 million on October 16, 2015.

7 G on October 5, 2015 to March 31, 2016, Plaintiff G was returned from Defendant I, at the same time, KRW 3 million out of the invested amount of KRW 14.7 million on November 13, 2015, as well as KRW 6 million on November 13, 2015.

8 H 30 million won on May 4, 2016

C. On September 2016, at the Daejeon District Prosecutors’ Office, Defendant I filed a complaint against Defendant I on the ground that Defendant I made a false statement with the Plaintiffs and received the investment money from the Plaintiffs (hereinafter “instant fraud”). Defendant I filed a complaint against Defendant I on the charge of fraud.

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