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1. All appeals filed by the plaintiffs and the defendants and the request for the return of provisional payment by defendant C Co., Ltd. are dismissed.
2...
Reasons
1. The reasons why this Court has used this part of the basic facts are as follows: “No. 18, 2010.” of the last 14th sentence of the judgment of the court of first instance with “No. 2010. Apr. 28, 2010.”; “No. 18, 14, and 19 of the 18th sentence with “No. 49” with “No. 74,” and the last 49 of the judgment of the court of first instance are the same as the corresponding part of the judgment of the court of first instance; thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
6) On December 13, 2013, the Seoul Central District Court found the Defendant guilty of the violation of the Capital Markets Act due to an unfair solicitation on the ground that “the Defendant provided a conclusive judgment on uncertain matters in soliciting investment or provided information that could mislead the financial investment business entity to believe that it is certain to be certain,” but found the Defendant not guilty of the facts charged that “the Defendant provided a fraudulent transaction or deception to the Plaintiffs in order to attract the instant investment,” and sentenced the Defendants to a fine of KRW 100 million.
(7) The Defendants and the Prosecutor appealed against the above judgment (Supreme Court Decision 2011Gohap1372 Decided 7). The Seoul High Court dismissed all the appeals on October 24, 2014 (Supreme Court Decision 2014No73 Decided 2014). The Defendants and the Prosecutor appealed against the above judgment and continues to be Supreme Court Decision 2014Do14924 at present.
2. Whether the Defendants are liable for damages arising from unfair trading or deception
A. The summary of the Plaintiffs’ assertion is prohibited from engaging in an act of seeking money or other benefits from property by using a document containing a false description or representation of a material fact or an omission of a description or representation of a material fact necessary for preventing others from being misled in connection with the trade, etc. of financial investment instruments (Article 178(1)2 of the Capital Markets Act). However, the Defendants at the time of soliciting the investment of the instant case.