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(영문) 부산지방법원서부지원 2020.11.05 2020가단100817
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 130,000,000 and KRW 100,000,000 among them, from June 26, 2018, and 30.

Reasons

1. Basic facts

A. Defendant Incorporated Company B (hereinafter “Defendant Company”) is a company with the purpose of crops cultivation, other crop cultivation, and all other incidental businesses.

From November 2017, Defendant C had overall control over the affairs such as the recruitment of investors and the management of employees while actually operating the Defendant Company.

Defendant D was the wife of Defendant C and was in charge of accounting such as the management of investment money as the director of the Defendant Company.

Defendant E, against investors, was in charge of the explanation on the greenhouses and spawns, etc. for mushroom cultivation of Defendant E, and the construction of the Defendant Company’s vinyl houses.

B. From mid-2017 to October 2018, Defendant C and D explained that “The vinyl that can grow sweaks in large volume was 95% finished,” Defendant C and D may sell sweaks to 15 days after shipping them to 0.2% per unit (10 million won) and shall pay dividends of 167,000 won per month per month for 20 years thereafter,” and that “I will pay investors dividends of 1,00,000 won per unit (167,000 won per month if the sweaks were shipped,” and Defendant E may pay investors dividends of 10,000 won from 15,000 won to 150,000 won per unit (200,000 won).”

As above, the Plaintiff, among investors, made investments under the Defendants’ explanation, and invested KRW 10 million in the Defendant Company on June 26, 2018, and KRW 30 million on August 31, 2018.

However, there was no success in the actual mushroom cultivation through the vinyls and spawns produced by Defendant E, and the vinyls, etc. are completely different from the structure and cultivation methods of the existing mushroom cultivation facilities.

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