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1. The plaintiffs' claim of this case is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Nonparty Q was established by R and S around January 9, 198, and recruited professors and their spouses as full-time instructors or higher and received money from its members for the purpose of long-term mutual-aid savings benefits and cash trust benefits. Nonparty P was in office as the chairperson of Q from February 2, 200 to August 2012 and was in general in charge of Q’s business.
Since August 200, the Plaintiffs have subscribed to long-term mutual-aid savings benefits and wood consignment benefits, respectively, as a member of Q, and paid a certain amount to Q.
B. According to Articles 2 and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission, permission, or registration, reporting, etc. with the competent authorities, an act of receiving money under the pretext of deposit, installment savings, installment savings, deposit, etc. shall be prohibited as a business under the agreement to pay the whole amount or excess amount of the principal in the
Nevertheless, P was convicted on September 6, 2013 by Suwon District Court 2012Gohap901, on the ground that it violated the Act on the Regulation of Conducting Receiving Money from many unspecified persons as a business in collusion with Q’s directors without obtaining authorization, permission, or filing a registration or report in accordance with the relevant laws and regulations.
The above conviction was dismissed on May 29, 2014 and became final and conclusive.
C. On October 5, 2012, the Plaintiffs filed a claim for damages on the ground that P was involved in the act of fund-raising and receiving money from the Plaintiffs, which was prohibited by the Act on the Regulation of Conducting Fund-Raising and Receiving Money, and that P was aware or could have known that it is difficult to guarantee the principal and interest as agreed upon by Q’s profit structure.
On February 6, 2014, P.P. KRW 131,354,688 for Plaintiff A and KRW 61,03,024 for Plaintiff B, respectively.