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1. Defendant D’s KRW 20 million to Plaintiff A and its amount from April 19, 2018, and KRW 30 million to Plaintiff B, respectively.
Reasons
1. Facts of recognition;
A. Defendant D is a person who has been engaged in an unregistered discretionary trade through the account, etc. of Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) after receiving investment by inviting investors such as the Plaintiffs. Defendant Co., Ltd. is a company established for the purpose of providing online information and providing online services, and providing investment and management consulting.
B. The Plaintiffs were recommended by Defendant D to make investment in the business related to futures options, and the Plaintiff C, who is his/her father, invested in Defendant D with KRW 30 million on March 25, 2018, Plaintiff B, who was his/her wife, and Plaintiff A with KRW 30 million on April 17, 2018, and Plaintiff A with KRW 20 million on April 19, 2018, respectively.
C. From Defendant D, Plaintiff C received only KRW 4,996,919 from March 26, 2018 to April 18, 2018, and Plaintiff B, and A did not receive all the profits from his horses.
Defendant D was accused of a criminal complaint from the Plaintiffs, and from May 30, 2018 to August 2, 2018, Defendant D paid the Plaintiff C a total of KRW 24.6 million damages, and thereafter became missing.
[Ground of recognition] The entry of Gap evidence Nos. 1, 2, 6 through 9, Eul evidence Nos. 1 through 9, 13, and the purport of the whole pleadings
2. Determination on the claim against Defendant D
A. In full view of the following circumstances acknowledged by the aforementioned facts and evidence, i.e., (i) Defendant D paid earnings to Plaintiff C by April 18, 2018, and (ii) Defendant D received the last amount of investment from Plaintiff A on the following day, and then did not pay earnings to the Plaintiffs; (iii) Defendant D paid the said amount of investment received from the Plaintiffs; and (iv) Defendant D paid the said amount of investment; and (v) was locked after Defendant D received criminal complaint from the Plaintiffs, Defendant D received the investment funds from the Plaintiffs, notwithstanding having no intent or ability to return the dividends and the amount of investment.