손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The “Basic Fact-finding F” has no intent or ability to pay the principal and the profit normally within the agreed time limit, even if it receives the investment money, as long as it has used the investment money in a so-called return method to repay the loans and interest of financial institutions or to pay the higher-ranking investors with the lower-ranking investment money, even though it has no special assets or profits.
Nevertheless, from January 2013 to February 2013, F made a false statement to the effect that “B shall return the principal to B through a company operated by the Seoul Gangnam-gu, and pay the interest of 4% per month on the principal and interest on the principal” at the office of the limited company I (hereinafter referred to as “I”) in which Defendant B is the representative director of the company, and at the office of the limited company I (hereinafter referred to as “I”) in which Defendant B is the representative director, “B has purchased real estate through the court auction, etc. while operating the limited company K in Seoul Gangnam-gu, and has made a false statement that “B shall return the principal to B within a maximum of six months if it makes an investment.”
Accordingly, on February 25, 2013, the Plaintiff remitted the investment amount of KRW 30,000,000 to the account under the name of Defendant C, and KRW 30,000,000 to the account under the name of Defendant D on April 16, 2013, and KRW 40,000 to the account under the name of Defendant E on May 22, 2013, and remitted the investment amount of KRW 137,20,000 to F through I, including the said investment amount.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including branch numbers, if any) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Defendant B is the representative director of the Plaintiff’s assertion, and the money remitted by the investors, including the Plaintiff, to all F, is not delivered to the Plaintiff, and the return of investment funds by some senior investors, and I.