손해배상(기)
Defendant B and Defendant D jointly share KRW 171,000,000 to the Plaintiff, and Defendant B.
1. Basic facts
A. Defendant C and Defendant D are between the employees of Nonparty E and Defendant B, and Defendant B (hereinafter “Defendant Company”) is a company established by Defendant C for the purpose of offering advice on asset management, offering stocks sales, etc. on May 30, 2017.
B. Defendant D may receive a return of the principal and 10% per annum from the Plaintiff, who was known to the Plaintiff while providing investment consultation from around 2013, and the Defendant Company may receive a return of the principal and 10% per annum if it made an investment.
The Plaintiff believed the above end, as follows, remitted the sum of KRW 171,00,000 to the account under the name of the Defendant Company, and received through Defendant D a certificate of borrowing from the Defendant Company (Provided, That the Plaintiff did not receive a certificate of borrowing KRW 20,000,000 on March 10, 2018). The Plaintiff paid the total amount of KRW 10% per annum by adding up the interest rate of KRW 2% per annum on September 8, 2017 according to the target return agreed in advance on September 8, 2018 and the excess interest on the business performance to the repayment date.
On November 19, 2018, KRW 17,000,000 on November 24, 2017, and around November 19, 2018, KRW 17,000 on January 19, 2018, and KRW 40,000 on January 19, 2019, Dong on February 8, 2018, Dong on February 8, 2019, KRW 20,000 on March 20, 200,00 on March 8, 2018, 200 on April 6, 2018.
C. As above, Defendant C immediately transferred the Plaintiff’s money to his account in the name of the Defendant Company, but immediately transferred it to his account in the name of the Defendant Company.
(d)
However, Defendant D did not have any intent or ability to return the principal and agreed earnings to the Plaintiff by using the Plaintiff’s money received from Defendant C for the purpose of returning the investment funds to the existing investors.
Ultimately, the Plaintiff was unable to receive the principal and the profits from the Defendant D or the Defendant Company at all.
【Legal basis for recognition】 deemed confessions between the Plaintiff and Defendant D, and between the Plaintiff and the other Defendants, evidence Nos. 1, 2, and 3, and evidence No. 4-1 through 5, and Eul No. 17, 18, 20, 24, respectively.