손해배상(기)
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Determination as to the cause of claim
A. The defendant alleged by the plaintiffs did not have the intent or ability to repay or make an investment in money from the plaintiffs, but did not have the intent or ability to actually make an investment. The defendant borrowed KRW 42 million from the plaintiffs as a bond investment loan, and received KRW 190 million as a bond investment loan, and repaid only KRW 10 million among the amounts received under the above loan, and acquired the remainder KRW 222,00,000 ( KRW 42 million - KRW 190,000 - KRW 10 million).
Therefore, the defendant is obligated to pay to the plaintiffs 220,000,000 won and damages for delay.
B. First of all, according to each of the statements in No. 1-1 and No. 2 as to the fact that the defrauded obtained 32 million won as a loan, the non-party D obtained 32 million won from the defendant on August 1, 2010.
Won. Although it is deemed that the loan certificate was prepared on October 1, 2010 that a sum of KRW 42 million including KRW 30,000,000 was borrowed, it is insufficient to recognize that the above fact alone borrowed KRW 42,00,000 from the plaintiffs and lent it to D, that is, the plaintiffs lent KRW 42,00,000 to the defendant, and there is no other evidence to acknowledge it.
Next, according to each of the statements in Gap evidence Nos. 2 through 5 with respect to the fraud of KRW 190 million as investment proceeds, the plaintiff Eul entered into a joint investment contract E (Seoul store) with the defendant on January 11, 201 and remitted the defendant a sum of KRW 148 million on the same day, KRW 32 million on January 12, 201, KRW 190 million on January 28, 201, and KRW 100 million on January 28, 201, the plaintiff Gap, who is the son of the plaintiff Eul, was guilty of KRW 190,000,000 from the plaintiffs around February 2, 2014. However, it is recognized that the defendant, on the basis of the above facts, was insufficient to recognize that the defendant conspiredd the plaintiffs with the above investment proceeds and acquired KRW 190,000,000 from the plaintiffs.