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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 84,357,686 as well as to the plaintiff on April 2019.
Reasons
1. Basic facts
A. The plaintiff, C, D, E (hereinafter "the plaintiff, etc.") and the defendant create a group of "F" as a middle school alumni, and mutually friendlyly.
B. Around December 2013, the Defendant introduced H and I to the Plaintiff, etc. as a person capable of having the Plaintiff, etc. invest funds and receive profits from the Plaintiff, etc., and in that place H said, H said, the Plaintiff, etc. stated, “I would like to have his/her son G is the head of K’s branch, manage the investment money for several years as an asset manager, manage the investment money, and at any time the investors would reduce the amount of the investment. When investing money, I would be able to pay the profits of 2-5% per month and return the principal at any time if she wishes to return the principal. If you want to do so, I would be able to make an investment.”
C. After that, the Plaintiff, etc. deposited the investment money to the Defendant, and the Defendant delivered the investment money received from the Plaintiff, etc. to G via H. From December 23, 2013 to March 27, 2017, the Plaintiff transferred the total amount of KRW 511,247,108, as shown in attached Table 1, to the account in the name of the Defendant or the Defendant’s family.
(hereinafter “instant investment”) D.
During the period from July 4, 2014 to March 23, 2018, the Defendant paid KRW 405,800,000 to the Plaintiff, as shown in attached Table 2, under the pretext of returning the principal of the instant investment and paying earnings.
E. Meanwhile, on February 7, 2019, the Defendant, in collusion withG, did not have any particular asset or profit-making business to the extent that it would continuously pay high-amount profits, and paid the profits of the prior investor to the subsequent investor’s investment, and even if assets are managed by receiving the investment money from six victims including the Plaintiff, etc., the principal shall be guaranteed or agreed upon.