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Reasons
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(영문) 서울남부지방법원 2015.12.17 2015나52867
청구이의
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The court of the first instance shall be the court of the first instance.

Reasons

1. Facts of recognition;

A. The Plaintiff established D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and, after paying 3850,000 won to the Defendants to the Defendants, purchased an internal bed with one unit of investment, and leased it to a private house, bath, etc. under the investor’s name, and received the rent for the entrusted management to the effect that the Plaintiff will guarantee the profits of 150,000 won per share of 24 weeks and 100,000 won per share of 25 weeks to 44 weeks.

B. Upon the Plaintiff’s recommendation, Defendant B invested each of the total of KRW 23.1.5 million on March 31, 2005 and April 30, 2005, and KRW 53.9 million on August 12, 2005, and KRW 53.9 million on August 26, 2005, respectively.

C. The plaintiff is prohibited from engaging in the act of receiving the total amount of investment or the amount exceeding the amount of investment in the future without the approval of the authority. The plaintiff's investment means that if the victims including the defendants make an investment of KRW 3850,000 per share of KRW 1,50,000 per share of KRW 1,50,000 per share of KRW 1,000 per share of KRW 240,000 per share of KRW 1,50 per share of KRW 2550,000,000,000 per share of KRW 1,000 per share of KRW 244,000,000,000 per share of KRW 2,000,000,000 from February 8, 2006. The above judgment was finalized on October 12, 206.

Defendant B filed an application for payment order with the Plaintiff and Nonparty Company as Seoul Southern District Court Decision 2007Guj3796 on March 22, 2007, and Defendant B received a payment order with the Plaintiff and Nonparty Company: “The Plaintiff and Nonparty Company jointly and severally paid to the Defendant B the amount of KRW 1,550,000 won and the amount of KRW 1,1550,000 from March 31, 2005 to April 30, 2005, KRW 5% per annum from April 30, 2005 to April 4, 2007, and KRW 20% per annum from the next day to the date of full payment.” Defendant C is the Plaintiff.

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