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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. D is the head of the Ulsan District Court of the E Co., Ltd. (hereinafter “E”), which is a multi-level company that receives the investment by pretending to the oil industry, and takes charge of attracting investment and paying dividends to many unspecified persons. The Defendant is D’s wife, and the Plaintiffs are the investors in E after receiving the recommendation for investment from D.
B. D made a false statement to the effect that “E shall pay a high interest rate of dividends, and be guaranteed to the principal at the maturity,” with respect to E, and solicited the Plaintiffs to make an investment. It was the sum of KRW 10 million on December 27, 2011, KRW 50 million on January 6, 2012, KRW 90 million on January 16, 201, KRW 30 million on January 16, 2012, KRW 10 million on March 8, 2012, KRW 10 million on March 9, 2012, KRW 200,000 on March 27, 201, and KRW 100,000 on March 28, 2012, KRW 200,000 on the account designated by the Defendant No. 13373, Mar. 28, 2012, KRW 410,000 on the account.”
C. However, as the sales increase by way of selling oil at a price below 10% of the gas station in the process of leasing and operating four gas stations, E was a structure in which sales increase. Since it is difficult for investors to pay a high rate of dividends, recommendation allowances, etc. to investors every month, it is inevitable to repay dividends promised to existing investors by using the investment funds attracting from subordinated investors in a successive manner, and therefore, even if receiving investments from the Plaintiffs, E did not have the ability to pay dividends properly.
Since then, on December 13, 2012, the Plaintiffs filed a payment order against D with the Ulsan District Court 2012 tea5697, stating that “D shall pay the Plaintiff KRW 90 million to the Plaintiff, KRW 110 million to the Plaintiff, and KRW 110 million to the Plaintiff B, and damages for delay and expenses incurred in demand.” The original copy of the payment order was served to D on January 15, 2013, and became final and conclusive on January 30, 2013.
E. Meanwhile, on the other hand.