(영문) 대전지방법원 2021.03.24 2019가합106945

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(영문) 대전지방법원 2021.03.24 2019가합106945

손해배상(기)

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1. The Defendant’s KRW 107,310,00 for the Plaintiff and the Plaintiff’s 5% per annum from August 17, 2017 to March 24, 2021.

Reasons

1. Basic facts

A. 1) The Plaintiff is a person who invested in C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”).

E is the representative of C who operates the FX M-related trading brokerage business, etc., and F is the representative of D who operates the business such as investment brokerage business.

2) The Defendant was the head of the team who was affiliated with C Company G branch and was in charge of investment attraction and investment management of subordinate class investors belonging to the branch office.

B. On October 8, 2015, the Plaintiff entered into an investment contract with the Defendant to make an investment of KRW 37,500,000 in C with the Defendant’s solicitation, with which E operates it and pay monthly dividends calculated at the rate of 0.8% per month to the Plaintiff. On the same day, the Plaintiff remitted KRW 37,50,000 to the account in the name of E.

The main contents of the investment contract prepared by the plaintiff and E are as follows:

Investor of a Private Investment Agreement: Investment amount in E: 37,500,000 won (the purpose and purpose of investment) invested by an investor of the first (the purpose and purpose of funds) shall be used in any of the following portions in accordance with the business judgment of the business operator:

(1) A domestic or foreign company in which a business operator E is a representative director at the time of investment. (2) A domestic or foreign company in which a majority of the shares of the company is a business operator E even if the business operator E is not a representative director at the time of investment, and (3) a part related to the expenses incurred in the business related to the above 1 and 2 (Investment Funds and Distribution)

1. The deadline for the arrangement of an investment fund shall be one year from the date on which a business corporation receives the investment fund;

2. A business entity shall pay to investors 0.8% per month an amount of monthly investment in dividends from investments.

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

3. If the period of investment agreement expires, the business entity shall repay the investment to investors immediately after the expiration of the agreement;

However, the term of the investment agreement shall expire.

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