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Defendant D’s KRW 270,020,247 to Plaintiff A, KRW 150,00,000 to Plaintiff B, and KRW 42,00,00 to Plaintiff C and each of the said money.
Reasons
Facts of recognition
A. Defendant D, which invested the Plaintiffs’ money, had the intent or ability to make an investment in a new drug manufacturer even though it was made an investment in around 2015, deceiving the Plaintiffs to have high profits from the investment, and received KRW 270,020,247 in total eight times from April 20, 2015 to July 27, 2015, KRW 150,000,000 from Plaintiff B, and KRW 42 million from Plaintiff C around May 20, 2015 to June 10, 2015.
B. Defendant D’s criminal punishment was prosecuted for the above facts constituting the crime (the Changwon District Court Branch Branch Decision 2019DaMa340), and this Court was fully convicted, and the above judgment became final and conclusive.
(Supreme Court Decision 2020Do5102). [Grounds for recognition] / [Grounds for recognition] The facts of no dispute, Gap evidence 1 through 5, Gap evidence 6-1, 2, and Gap evidence 7 through 17, and the purport of the whole pleadings.
2. According to the above facts of determination as to the cause of the claim, Defendant D has the obligation to compensate the plaintiffs for damages arising from the above tort. As such, the obligation to pay to the plaintiffs A 270,020,247, 150,000, and 42,000,000 won to the plaintiffs C, and damages for delay calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from November 21, 2018, the day following the delivery date of a copy of the complaint of this case for the plaintiffs C, and from November 9, 2019, with respect to the plaintiff C, the damages for delay calculated at the rate of 12% per annum as claimed by the plaintiffs after the date of delivery of a copy of the complaint of this case, and from November 9, 2019 to the day of full payment.
The plaintiffs asserted to the effect that Defendant E is liable for the joint tortfeasor, since Defendant E actively participated in the deception of Defendant D by accompanying the plaintiffs and Defendant D, or that Defendant E’s account was used for the crime of this case, etc., at least aiding and abetting Defendant D’s tort.
However, considering that Defendant E is the spouse of Defendant D, it will be considered.