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Reasons
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(영문) 광주고등법원 2019.05.15 2018나20193
손해배상(기)
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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff (appointed party) corresponding to the revoked part is revoked.

Reasons

1. Basic fact-finding: (a) 1 Plaintiff 30,000,000 62,000 aggregate of 145,000,000 and 140,000 5,000 and 140,000 5 and 62,000,000 6 and 82,000,000 7 and 160,000 82,000 7 and 160,000,000 8 and 160,000,000 and 62,000,000

A. The Plaintiff and the designated parties (hereinafter “Plaintiffs”) and the Defendant leased or invested money as indicated in the table below to J (KF’s representative director), K farming association, L farming association, or M farming association (hereinafter “instant debtors”).

(B) The money lent or invested by the Plaintiffs to the instant debtors (hereinafter “instant Plaintiffs’ claim”).

From March 2011, F was recruited investors in the position of the head of the department for the debtor of this case from March 201, and received recommendation allowances, etc. from the debtor of this case, and the debtor of this case was also lent directly to the debtor of this case as indicated in the above table.

However, 34 persons, including the plaintiffs and the defendant, were first 37 persons who leased or invested to the debtors of this case, but 3 persons who were in the Do withdrawn.

(2) The obligees of this case (hereinafter “the obligees of this case”) decided to make a provisional attachment or lawsuit against the debtors of this case under the direction of the Appointed F, and decided to transfer the claims against the debtors of this case (hereinafter “each of the loans of this case”) formally to the defendant, N, andO for the convenience of filing a provisional attachment application and filing a lawsuit.

In the application for the instant payment order, the Plaintiffs asserted that “a provisional attachment was made on the real estate owned by the L Farming Association, and the Plaintiffs’ claims against the instant obligors were formally transferred to the Defendant for the convenience of litigation.”

Accordingly, it.

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