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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. Nonparty Company B was established on September 24, 2008, and Nonparty C was established on May 23, 2011.
The non-party B was a company established for the original purpose of real estate development projects, but since November 2009, the primary business was to attract investors to acquire and collect non-performing loans, and the non-party C was operated as the same company in fact as B after its establishment.
B. Nonparty D, as the representative director of the above two companies (hereinafter “non-party companies”), was in charge of attracting investment funds while attracting and managing business employees. The Defendant took charge of the management of the funds, such as managing the investment funds recruited as a general director of the non-party company. Nonparty D, as the chief of the general affairs department of the non-party company, was in charge of the purchase of non-performing loans, education of employees in charge, office management, etc.
C. Non-party D, Defendant, and Non-party F did not have any intent or ability to return the profit and the investment amount, as promised by the investors, since non-party D, Defendant, and Non-party F managed the non-party company in the so-called “prob” manner, which pays the profit to senior investors and the investment amount, because the non-party D, Defendant, and Non-party F did not actually recover the non-party company’s claims, and there is no professional human resources to recover the claims.
Nevertheless, the non-party D, the defendant, and the non-party F from June 201 to investors including the plaintiff and the designated parties through the employees of the non-party company from June 201, including the non-party D, the non-party D, the defendant and the non-party F raised profits from the purchase of the non-performing loans and the collection of the non-performing loans by the non-party company. If the funds are invested every year, the non-party D will transfer the non-performing loans amounting to 200% of the investment funds