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(영문) 서울중앙지방법원 2020.02.28 2018가단52311

손해배상 청구의 소

Text

1. The Defendants jointly share KRW 45,407,350 to the Plaintiff and as to the Plaintiff:

A. Defendant B shall be from October 12, 2010 to May 9, 2019.

Reasons

1. Basic facts

A. Defendant B is the former representative director of E Co., Ltd. (hereinafter “E”) and the former representative director of E Co., Ltd. (hereinafter “E”), and Defendant C was the auditor of the above two companies and the head of E.

B. On April 13, 2010, the Plaintiff visited E for investment purposes and agreed to invest in the F Exhibitions in 2010 (hereinafter “instant exhibition”). The Plaintiff entered into a contract under which the Plaintiff would invest KRW 50,000,000, and receive the investment principal and the final amount of profit (hereinafter “instant contract”).

C. According to the instant contract, the Plaintiff paid KRW 50,000 and KRW 3,000,000 for the investment amount to KRW 50,000,000 according to the said contract. The Plaintiff remitted KRW 9,000,000 to the account designated by D, April 8, 2010, and KRW 9,000,000 for April 13, 2010, and KRW 43,000,00 for April 20, 2010.

The Plaintiff received KRW 7,921,950 in total from June 11, 201 to October 11, 2010 as investment profits from D, Defendant B, etc.

E. After the completion of the instant exhibition, the Plaintiff decided to postpone the settlement at D’s request, and transferred KRW 329,300 under the pretext of taxes on final profits around February 23, 201.

F. However, the Plaintiff did not receive a refund of the investment principal and earnings from D. The Defendants agreed to invest KRW 1,00,000,000 in the instant exhibition by inviting investors. However, there was no fund of KRW 1,00,000,000, which was decided to invest in the instant exhibition. However, the Plaintiff received from investors the amount of KRW 2,750,000,000, more than the amount of KRW 1,000,000, which was decided to invest in the exhibition, and the actual exhibition was 770,000,000,000,000, not in the exhibition, and the remainder was thought to be consumed for entertainment expenses or personal debt repayment, and there was no success in the exhibition, and there was no intent or ability to pay to investors the principal of the investment within the agreed period.