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1. The Plaintiff:
A. Defendant B, Defendant D, and Defendant E Co., Ltd. jointly share KRW 25,000,000, and those related thereto on March 2016.
Reasons
1. Summary of the plaintiff's assertion
A. Claim (1) The Defendant D related to the claim is the joint tortfeasor who committed the act of receiving and defrauding principal without permission therefor, by falsely assuming the auditor of Defendant F, who is the employee of G, and by inducing the Plaintiff to invest KRW 50 million in the Defendant E’s fund around March 10, 2016.
Defendant B, as the representative director of Defendant E, is the joint tortfeasor who has received the above KRW 50 million from the Plaintiff by inducing the Plaintiff to receive the principal without permission and deception.
The defendant E is a joint tortfeasor who committed the above act of receiving and defrauding through deception of the defendant B and the defendant D, and Article 35 of the Civil Act Article 35 of the Civil Act (the corporation's tort ability) ① The corporation is liable to compensate for damages incurred by the director or other representative in connection with his duties.
A director or any other representative shall not be relieved of his liability for damages.
corporation is responsible for it.
Therefore, Defendant D, Defendant B, and Defendant E are jointly and severally liable for damages of the above KRW 50 million incurred by the Plaintiff.
B. Defendant D related to the claim(2) is a joint tortfeasor who, around March 24, 2016, caused the Plaintiff to subscribe to Defendant F’s KRW 25 million to the Fund.
Defendant B is a person de facto controlling Defendant F, and Defendant C is a representative of Defendant F (the inside director of Defendant F was the representative of Defendant F and resigned on May 11, 2016), and a principal-guaranteed act and deception without permission, and is a joint tortfeasor attracting KRW 25 million from the Plaintiff.
Defendant F is a joint tortfeasor who committed the above-mentioned act of receiving and defrauding through deception by Defendant C, Defendant B, and Defendant D, and a corporation liable under Article 35 of the Civil Act.
Therefore, Defendant D, Defendant B, Defendant C, and Defendant F jointly are liable for damages of KRW 25 million incurred by the Plaintiff.
C. Claim 3, 4. Defendant E and Defendant F, each of the funds.