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1.(a)
Plaintiff
A. The Defendants jointly share KRW 20,000,000, Defendant E’s KRW 4,000,000 and each of the said money.
Reasons
1. Facts of recognition;
A. The Plaintiffs paid KRW 3,700,000,000 to the account under the name of Defendant D for a gold-related investment promoted by Defendant E, respectively, on December 8, 2015, Plaintiff A paid KRW 43,700,000 on November 11, 2015, and Plaintiff C paid KRW 20,000,00 on December 8, 2015.
B. Plaintiff B paid 40,000,000 won in addition to the accounts under Defendant D’s name on February 23, 2016, and KRW 20,000,000 on February 29, 2016, under the pretext of investment in cosmetics sales promoted by Defendant E.
C. On February 23, 2016, Plaintiff C paid KRW 20,000 to the account in Defendant D’s name for investment in cosmetics sales business. D.
Plaintiff
On January 24, 2017, A had the end of Defendant E’s speech to repay a loan by running a golf course from Defendant D, and wired KRW 4,00,000 to Defendant D’s account in the name of Defendant D on January 25, 2017, and lent the said money to Defendant E.
E. Meanwhile, Defendant E was prosecuted as the charge of acquiring each of the above money from the Plaintiffs and received KRW 20,000,000 from Plaintiff A and C, respectively, by deceiving the Plaintiffs without any intention or ability to pay interest and principal, in the case of the Jung-gu District Court 2019Da838 on February 14, 2020, “Defendant E acquired 40,700,000 from Plaintiff A and C by deceiving the Plaintiffs without any intention or ability to conduct a normal gold-related business or pay interest and principal, and by deceiving the Plaintiff to conduct a normal cosmetics sales business or without any intention or ability to pay interest and principal” was sentenced to imprisonment for 10 months as criminal facts.
As to the facts charged that Defendant E acquired KRW 20,00,000 from Plaintiff C as an investment in cosmetics sales business on February 23, 2016, the above court deemed that Plaintiff C lent KRW 20,000 to Defendant D upon Defendant D’s request, and does not make an investment or loan of the said money to Defendant E, on the ground that Defendant E merely lent KRW 20,000 to Defendant D upon Defendant D’s request, Defendant E is a golf course from Plaintiff A on January 24, 2017.