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1. The Defendants jointly share the Plaintiff’s KRW 33.8 million with respect to Plaintiff A, and KRW 23.8 million with respect to each of the said money, May 5, 2018.
Reasons
1. On May 11, 2017, the Plaintiffs paid KRW 100 million to Defendant C for the purpose of the purchase fund for the factory site of Defendant E Co., Ltd., the representative director of which Defendant D is Defendant D (hereinafter “Nonindicted Company”). Defendant D asserted that the said money was used for another purpose even after receiving the said money from Defendant C for the said purpose, and Defendant D led to the confession of all the above allegations.
According to the above, Defendant D is obligated to compensate the plaintiffs for the damages of KRW 100,000,00,000,000,000,000,000,00 won, which is an investor who is responsible for the illegal act of
Therefore, Defendant D is obligated to pay to Plaintiff A damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 5, 2018 to the date of the last delivery of the complaint with respect to the amount of KRW 33.8 million, the amount of KRW 23.8 million, and each of the said amounts, as sought by deducting the amount of KRW 42.4 million, which the Plaintiffs had already paid.
2. Determination as to the claim against Defendant C
A. Facts of recognition 1) The Plaintiffs and Defendant C were the investors in the non-party company, and Defendant D was the representative director of the non-party company. 2) Under the circumstances where the business of the non-party company was infashed and the recovery of the investment amount was infash, the Plaintiff sought explanation from Defendant C and prepared and paid KRW 100 million to Defendant C for the purpose of use in the down payment of the purchase price necessary to purchase the factory site to the non-party company for the new business of the non-party company.
On May 11, 2017, Plaintiff A paid KRW 55 million to Plaintiff A, and Plaintiff B deposited KRW 45 million to Defendant C’s bank account.
3. Defendant C paid the sum of KRW 100 million to Defendant D on May 12, 2017. At that time, Defendant C did not expressly state its source to Defendant D and only made the said sum.