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Reasons
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(영문) 대전지방법원천안지원 2020.01.08 2018가단113351
손해배상(기)
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1. The Defendants: (a) from January 3, 2018, and from January 3, 2018, to Plaintiff A with respect to KRW 50,000,000, and to Plaintiff B with respect thereto.

Reasons

1. Facts of recognition;

A. The Plaintiffs are married couple, and Defendant D is the one who operates the skin management office in the name of “H” in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, and was aware of the Plaintiffs and the other party.

B. On December 29, 2017, Defendant D falsely stated that Defendant C does not engage in an investment business that is able to pay twice the principal after 100 days of receiving the investment money from the Plaintiffs, even if Defendant C received the investment money from the Plaintiffs, Defendant C would return the principal amount after 100 days of the investment, and pay the principal amount as profit after 100 days of the investment. Defendant C also stated that it would return the principal amount to the Plaintiffs upon making an investment.

C. Meanwhile, Defendant E and F, while being well aware of the fact that Defendant C does not engage in a business that is able to return the investment amount even if it receives the investment amount from a third party as above, allowed Defendant C to receive the investment amount by using his own account in his name.

After the Plaintiffs have decided to trust the above-mentioned investment refund agreement of Defendant C and make an investment to Defendant C, the Plaintiffs transferred the sum of KRW 60,000,000,000 on December 29, 2017, and the total amount of KRW 18,000,000 on December 30, 2017, and KRW 60,000,000 on January 3, 2018, to the Defendant FF’s SC Bank designated by Defendant C. The Plaintiffs transferred KRW 30,00,000 on December 30, 207, and KRW 60,000,000 on December 30, 2017, to the Defendant FF’s SC Bank.

E. Meanwhile, on July 6, 2018, Plaintiff A returned KRW 10,000,000, out of the said investment amount of KRW 60,000,000.

【Defendant D’s ground for recognition: Each description of Gap evidence Nos. 1 through 8 (including the number of pages), the witness I’s testimony, the results of the plaintiff A’s personal examination, and the remaining Defendants of the whole purport of the pleading: The fact that confession is made.

2. According to the above facts of recognition, Defendant C shall make an investment from the Plaintiffs.

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