손해배상(기)
1. Defendant C, D, and E jointly share KRW 250,00,000 with respect to the Plaintiff and the Plaintiff from December 26, 2011 to January 13, 2016.
1. Facts of recognition;
A. The Defendants failed to recover KRW 250,000,000 invested in planning and holding an open festival event in the field of Yong-do and Sub-do, and offered to the Plaintiff, an internal south of Defendant B, for the purpose of gathering investment losses, to receive an investment in the name of the business fund.
On December 10, 2011, the Defendants stated to the Plaintiff on December 10, 201, that “Around the said public offering, the Defendants held a world-wide and cultural performance festival during the said period. The maximum expected sales amount is KRW 19.8 billion, and the minimum expected sales amount is KRW 10.2 billion. Of these, if the basic expenses are offered to KRW 4.2 billion, the net income remains a maximum of KRW 15.6 billion and at least KRW 6.6 billion.” If the Defendants borrowed KRW 500 million, they would bring 30% out of the net income.”
However, in fact, the Defendants had already planned a festival event in the field of Young-do and difficult map and suffered a big loss, and thus, it was difficult to pay profits because of lack of financial ability and planning ability to hold the said festival event. The Defendants paid out the Plaintiff’s investment deposit with the debt related to the event of open festivals in the field of Young-do and difficult map, and the Defendant B was planned to recover the investment loss, and thus, there was no ability to pay the Plaintiff the investment deposit and to pay the profits therefrom.
B. On December 26, 2011, the Defendants received KRW 250,000,000 from the Plaintiff for the aforementioned false statement.
C. The Plaintiff knew that all of the above 250,000,000 won were disbursed as debt repayment for the festival event held in Yongdo and in the difficult map, and told Defendant B to return the above investment money.
On February 14, 2012, Defendant B stated that “In order to recover KRW 250,000,000 from leisure water, Defendant B shall additionally invest KRW 120,000,00,000, it is necessary to make an investment in the event site of the Plachi festival in women and women.”
However, in fact, Defendant B was unable to make profits in the event of the foregoing cultural performance festival, and the amount of KRW 120,000,000 is additionally paid by the Plaintiff.