투자금반환
The part of the first instance judgment against the Defendants shall be revoked.
2. The plaintiffs against the above revocation portion are against the defendants.
1. Basic facts, Inc. I (hereinafter “I”) is a multi-level sales company selling functional health foods, etc., Defendant E is the head of the Busan branch office of I, and Defendant F is the head of the Busan branch office of Busan branch office.
[Ground of recognition] A without dispute, entry of Gap evidence 6, purport of whole pleadings
2. The plaintiffs' assertion
A. The Plaintiffs heard that if they make an investment of KRW 3,300,000 from J 1’s staff under Defendant E, they would give KRW 5,500,000 to J within 10 months, each of the Plaintiffs paid KRW 3,300,000 to J.
However, since the plaintiffs did not receive the above money as agreed upon, the defendants are jointly and severally liable to pay to the plaintiffs the amount of 3,300,000 won and damages for delay.
B. The Defendants and J, when the Plaintiffs invested KRW 3,300,00 in I, they deceptioned KRW 5,500,000 within 10 months as if they were to have invested KRW 3,30,000 from each of the Plaintiffs. As such, the Defendants are jointly and severally liable to pay KRW 3,300,000 and damages for delay to the Plaintiffs.
3. Determination
A. The evidence presented by the plaintiffs on the assertion of investment agreement alone is insufficient to acknowledge that the defendants agreed to return each of the above amounts of KRW 5,500,000 to the plaintiffs by adding the profits from the investment funds to the above amounts, and there is no other evidence to prove otherwise.
Therefore, this part of the plaintiffs' assertion is without merit.
B. The evidence submitted by the plaintiffs on the assertion of deception is insufficient to recognize the fact that the defendants or J deceptions the plaintiffs by deceiving them as above, thereby deceiving them each of KRW 3,300,000, and there is no other evidence to acknowledge it.
Therefore, this part of the plaintiffs' assertion is without merit.
4. In conclusion, the plaintiffs' claims against the defendants shall be dismissed as all of them are without merit. The part of the judgment of the court of first instance against the defendants is with merit.