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1. Defendant F and Defendant H Co., Ltd. jointly:
A. From July 28, 2014, Plaintiff A 9,450,000 won and its related thereto.
Reasons
1. Basic facts
A. Defendant H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company established for the purpose of investing in securities, etc., and, from July 2014, many and unspecified persons have made a stock investment through Defendant Co., Ltd., with the intent of guaranteeing the principal and paying profits, thereby soliciting investors.
B. Defendant F is the representative director of the Defendant Company, who is in charge of overall business affairs of the Defendant Company, and Defendant G is a director of the Defendant Company in charge of financial affairs.
C. From July 28, 2014, Defendant F and G explained to the effect that “Defendant F and G purchased the shares of K from November 2013 to November 1, 2013, the Defendant Company purchased the shares of K and paid 7% of the principal at the time one year has elapsed after the investment, and then deliver the shares of the said K and guarantee profits if the profits are less than 7%,” with the following explanation from the Plaintiffs: “The Defendant Company purchased the shares of the said K under KOSDAQ listing from November 2013, and paid 53,550,000 won in total as investments from July 18, 2014 to August 14, 2014.”
A B CD E
D. Defendant F and G were prosecuted by the Seoul Central District Court Decision 2018Kadan6192 on December 19, 2018, and the said Defendants were sentenced to four months of imprisonment and one year of suspended execution. The said judgment became final and conclusive on December 27, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
2. The Defendants asserted that they are co-offenders of the act of fund-raising without permission and are liable for joint tort under Article 760 of the Civil Act, so the Defendants are liable to pay the above investment amount and damages for delay to the Plaintiffs as compensation for damages
3. Determination
(a) Defendant F and Defendant F’s claim against Defendant F and Defendant Company: A judgment based on a confession deemed to have been rendered: A judgment by service by publication;
B. Defendant G.