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1. The plaintiffs' primary and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Summary of the plaintiffs' assertion
A. The Z (hereinafter “Z”) and the AA (hereinafter “AA”) are companies established for the purpose of performing the act of fund-raising without delay. The Y is an internal director of the above company, who introduced the multi-level sales method in the position of the vice president at the Z’s air exhausting place of business and planned various allowances systems.
B. Y, at the Z’s place of business, led unspecified persons, including the plaintiffs, to make investments in the Stickers and photographs produced by AA with the following contents:
If an investor purchases a Stick photographer from AA to lease it to the Z, the Z shall pay the proceeds from the sale of the Stick photographer by installing it in a wedding room, etc., the Z shall pay a total of KRW 28,800,000,000,000 for monthly fixed income, and AA shall repurchase the Stick photographer from the investor in an amount of KRW 770,000,000,000 for KRW 36 months after 36 months. In addition, if the investment of new investors recruited by another investor through the invitation of the other investor is more than 10,00,000,000,000 won for the original purchase price, the office of the head of the office, if more than 10,000,000,000 won, and one of the 15% (1,015, 350,000,000 won) of the price per vehicle invested by the recruited investor shall be paid to the investor in accordance with the Act.
C. However, Y, however, did not have the intent or ability to manufacture or lease the actual Sticks and photographs, or to repay the principal and interest of the investment funds to investors, such as the plaintiffs, etc., so it constitutes fraud under the Criminal Act and also constitutes a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission.
The plaintiffs shall invest each amount stated in the attached table investment column according to the recommendation of Y.