투자금 반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's primary assertion and its judgment
A. (1) The Plaintiff’s assertion (1) that the Defendant asserted that he made an investment from July 24, 2015 to C, and that on May 9, 2016, the Plaintiff would guarantee the principal of the investment and that 10% of the amount of the investment will be guaranteed as the profits.
On May 30, 2016, the Plaintiff invested KRW 250,000,000 in total to the Defendant ( KRW 80,000,000 in the Plaintiff’s money), KRW 50,000,000 on June 3, 2016, and KRW 20,000,000 on June 10, 2016, and KRW 20,000,000 on June 30, 2016, and received KRW 250,00,00,000 in the amount from the Defendant’s profits, respectively. < Amended by Presidential Decree No. 27517, Aug. 10, 2016; Presidential Decree No. 27504, Sep. 10, 2016; Presidential Decree No. 277575, Oct. 25, 200, 200, respectively.
(2) The Defendant is obligated to return KRW 170,00,000 (E’s investment amount of KRW 80,000,000) paid to the Plaintiff as the Plaintiff’s investment payment (excluding the Plaintiff’s investment payment of KRW 80,000), as a copy of the instant complaint, since the Defendant did not deliver revenues after October 10, 2016.
(2) The Defendant’s assertion that the Defendant: (a) the Plaintiff want to make an investment to C; and (b) requested the Defendant, who was well aware of C, to introduce the Plaintiff to C; and (c) in fact C explained the Plaintiff as to D; (b) the Defendant received the Plaintiff’s investment money and delivered the dividend that C paid to C to the Plaintiff only to C, or delivered the dividend that C paid to the Plaintiff to the Plaintiff to the Plaintiff.
B. First of all, considering whether the Defendant is a party to the instant investment contract, and the overall purport of the arguments and arguments, it may be acknowledged that the Defendant shown the Plaintiff the rate of return on Dinvestment located on a mobile phone, and explained to the Plaintiff that at least 10% of the profits were less than 10%, but in light of the following circumstances, it is reasonable to deem the parties to the instant investment contract as C, and the above fact of recognition alone is alone.