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1. Of the judgment of the court of first instance, the part against the plaintiffs is modified as follows. A.
The plaintiffs' objection against the defendant.
Reasons
1. Basic facts
A. On February 208, K established N Co., Ltd. and M Co., Ltd. (hereinafter “M”) around October 2014 on the pretext of promoting the FX MM MM trading brokerage business (hereinafter “instant business”), and held office as the representative director of M.
K has made an investment in the instant project from around September 2010, by paying the agreed revenue and by paying the investment principal as if the investment principal was returned.
B. The Plaintiffs agreed with K to invest in the instant business, and each of them paid to K the amount of KRW 114 million to Plaintiff A, KRW 10 million to Plaintiff B, KRW 654 billion to Plaintiff C, and KRW 250 million to Plaintiff F as investments.
C. Since establishing a foreign corporation from September 2010 to carrying out an overseas business, such as the FX M& brokerage business, etc., which was promoted by K from September 2, 2016 to September 2, 2016, such as that there is no profit from the business deposited in the domestic account from the foreign corporation, etc., the foreign business promoted by K does not have assets or profit-making business entities to pay high-rate profits to the victims, and there is no possibility of success, and there is no possibility of substantial profit in a short term due to lack of success. Moreover, it used the total amount of KRW 484.3 billion to repay the principal and interest (profit) of the borrowers or investors by using the so-called “money return prevention” method after December 2, 2011, and did not have any intent or ability to repay the principal and interest of the business operated by K, such as using the money equivalent to KRW 256.2 billion in total for the payment of fees to the borrowers or investors of the multi-stage recruitment business.
Nevertheless, if K invests in an overseas business operated by K, such as habitually and FX M&, it is done as if it would pay the principal and interest with its profits. From November 21, 201 to September 4, 2016.