1. The part against the defendant in the judgment of the first instance, including a claim added at the trial, shall be modified as follows.

Basic Facts

On August 7, 2015, co-defendant AE of the first instance trial (hereinafter referred to as “AE”) established an AI company (hereinafter referred to as “non-party company”) which operates coffee franchise business, etc., and controlled the overall affairs as the chairperson of the non-party company.

The co-defendant AF of the first instance trial (hereinafter referred to as the "AF"), the wife of the AE, was a director of the non-party company, and the co-defendant AH of the first instance trial (hereinafter referred to as the "AH") was the head of the non-party company.

(hereinafter referred to as “E, AF, and AH”). The Defendant, the wife of the AF, was registered as the representative of the non-party company from the time of the establishment to November 18, 2015.

(1) AE, etc. (a) was the representative director of the non-party company until October 2, 2015, and thereafter the sole director from November 18, 2015). AE, etc. (a) was convicted of the Seoul Central District Court 2016Da2841, on November 4, 2016, that “When investing in the business of establishing original coffee and coffee franchise promoted by the non-party company without authorization and permission under the Acts and subordinate statutes, the high profit is guaranteed, and the victims including the plaintiffs were enticed, and was given money of approximately KRW 7.4 billion from the victims during the period from August 7, 2015 to October 15, 2015,” and was sentenced to each conviction on November 4, 2016.

Of the above convictions, the part concerning AE and AH was finalized as it is, and the part concerning AE and AH was appealed by the same court as AE and AH, and the prosecutor filed an appeal by 2016No4756, but both appeals were dismissed on February 9, 2017, and became final and conclusive around that time.

The amount of damage for each plaintiff recognized in the above conviction shall be as shown in the attached Form "amount of damage".

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 18 (including the number of branch numbers; hereinafter the same shall apply) and the summary of the argument of the parties to the whole purport of the pleading, the plaintiffs are the plaintiffs, and the defendant is not a representative of the non-party company's name and is a tort such as AE without performing his duties at all.