손해배상(기)
1. The Defendants amounting to KRW 1,00,000,000 for each Plaintiff and 5% per annum from September 1, 2014 to November 25, 2014.
1. Facts of recognition;
A. While Nonparty E was working as the representative director of Nonparty F Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), he promised to guarantee the principal when investing in the business of purchasing and collecting non-performing loans at one-year maturity, and to pay monthly the profits calculated at the rate of 18% per annum by dividing it into 12 months. The Plaintiff granted KRW 1 billion to Nonparty Co., Ltd. on February 7, 2012, February 21, 2012; February 21, 2012; February 22, 2012; March 2, 2012; and March 10, 2012; and March 15, 2012.
B. The Plaintiff prepared a bond acquisition agreement with the purport that the non-party company acquires all rights, such as non-performing loans held by the non-party company and its incidental collateral, whenever it issues money to the non-party company as described in the above paragraph (a). The above agreement included a monthly payment of interest calculated at the rate of 18% per annum (20% per annum for the contract dated March 15, 2012) to the non-party company and refund the principal and interest after one year from the date of conclusion of the contract.
C. Meanwhile, Defendant B, while serving as the auditor of the non-party company, used the director of the management support office and managed the investment money. Defendant C and D took charge of the investment presentation and the investment contract with the investor recruited by the employee in charge of the business. The Defendants stated that the non-party company did not commit a business offence or did not pay any profit to the investors, and that the Plaintiff would pay the principal and interest of the investment normally as stated in the contract.
However, the non-party company did not have the ability to pay the profits or return the principal with respect to the investment funds received from the plaintiff because it was actually unable to obtain profits from the debt collection business. The non-party company and the defendants, despite being aware of such fact, solicited the plaintiff to make an investment, and prepared the bond acquisition contract by receiving the investment funds as above.
For this reason, E and the Defendants on November 30, 2012.