Text
1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.
2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.
Reasons
1. Facts recognized;
A. E performed an act of fund-raising without having received investments from many unspecified persons under the pretext of the sale and purchase of bonds and securities, etc., and closed the business on December 31, 201, by having almost little profits and investors bear only a high-rate dividend obligation.
B. Defendant B is one member of the business group leader E, and Defendant C is a wife of D.
C. The Plaintiff (Appointed Party) paid KRW 26,000,000 to E from January 201 to September 2011, 201, and the Appointeds paid KRW 10,000,000 as investments.
E remitted money as shown in the attached Table to each passbook in the name of the Defendants.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 12, and 13, the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff (appointed party) and the appointed party asserted that determination of the primary claim of the plaintiff (appointed party) and the appointed party are as follows.
E concluded a payment contract with the Defendant B and D on money in the attached list and paid it in excess of the liability for damages corresponding to the tort caused by a large number of victims, which has already been caused by the tort of fraud exceeding a hundred billion won.
This is a fraudulent act detrimental to the creditor, and thus, cancellation of each monetary payment contract within the scope of the amount of credit regarding the investment funds of the plaintiff (appointed party) and the appointed party. The defendant C is a beneficiary, who is a subsequent purchaser who was donated to D, and is obligated to pay the same money as the primary claim for restitution on the ground of restitution.
As to this, Defendant B’s remittance of the money listed in the attached list is the money received as expenses or operating allowances for the operation of the next F Business for E’s business, and Defendant C only lent its passbook to D, and D deposited business inducement allowances equivalent to 1-2% of the invested funds deposited in the passbook. Thus, it is a payment contract or other payment contract to which E was received.