손해배상(기)
1. Defendant D: (a) each of the two million won against Plaintiff A and B; (b) 15 million won against Plaintiff C; and (c) each of them on July 15, 2015.
1. Facts of recognition;
A. From November 2012, Defendant D, as the representative director of G (hereinafter “G”) from around November 2012, operated an online shopping mall called “G shopping mall,” and recruited members, by promoting the purport that “where cash is invested, 5% of the amount shall be paid as additional points, and profits may be earned by purchasing the home-plug gift certificates as this point and selling them during the market.”
B. From April 2013, G was unable to accept gift certificates at all and was failed to raise any profit to distribute to its members. However, Defendant D continued to publicize the purport that it may still bring profit to its members in the same manner, and offered new members or received additional investments from the existing members.
C. From April 8, 2013, Plaintiff A
6. Until December 15, 2000 won was invested by the Plaintiff B.
4.25.0 to 25.0
7. up to April 1, 200,000 won was invested by the Plaintiff C.
4.16.16.0
6. Until December 28, 2000, a total of KRW 200 million was invested.
[Reasons for Recognition] Facts without dispute, Gap 1-1, 2, 5 through 6-8, 12-1 through 13-4, 16-1, 16-2, and 17; the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant D, it is reasonable to view that Defendant D, even though it was no longer able to return investment profits to its members, could continue to enjoy profits, by deceiving the Plaintiffs, thereby deceiving the considerable amount of investment funds.
Therefore, Defendant D, as a result of tort damages, obtained 15 million won from the time when the above plaintiff A and B obtained 2 million won from the person who acquired 20 million won from the money acquired by deception to the plaintiff C, and 4.5 million won from the day following the due date for payment, after deducting 4.5 million won from the person who received 20 million won from the above plaintiff C's money acquired by deception (the defendant D's claim for additional repayment of KRW 2 million is not accepted as there is no evidence to acknowledge it) and each of them, as the result of which the plaintiffs sought after the due date for payment.
9. By the end of 30.30, the promotion of litigation, etc.