부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 2019, the Plaintiff introduced the introduction that there is a good investment office related to shares by the branch, the end of 2018, and decided to hear the Defendant, who is the head of the “D” and the head of the G Center, and the head of the G Center, and the Defendant, the head of the headquarters, and make investment in D.
The Plaintiff remitted the total amount of KRW 80 million to the Defendant’s corporate bank account as follows, and the Defendant immediately remitted the transferred amount to H and I’s account.
(1) The amount of KRW 1,024,00,000 (H) on February 18, 2019, KRW 1,0240,000,000 (H) on February 27, 2019, KRW 50,000 (H) on February 27, 2019, KRW 3760,00 on March 4, 2019, KRW 3760,00 (I) on March 4, 2019, KRW 3760,00 (I) on March 1, 2019, KRW 1,0240,000 on March 12, 2019, KRW 4,000 (I) on March 1, 2019, KRW 4,000,000 (I) on March 1, 209, KRW 400,000 (I) on March 4, 2019.
B. The Plaintiff transferred from D the sum of KRW 1,00 on February 3, 2019, KRW 121,880 on February 20, 2019, KRW 889,440, KRW 96,800 on February 20, 2019, KRW 323,740 on March 5, 2019, KRW 2,591, KRW 360, KRW 5,801, KRW 801,800 on March 5, 2019, and KRW 434,950 on March 20, 2019, KRW 6,768,80, KRW 160, KRW 960 on April 32, 203, KRW 69,962, KRW 80 on April 20, 201, KRW 305, KRW 1500 on March 20, 2015.
C. (1) Around April 2019, many investors of D filed a complaint by fraud, etc. against H, J (tentative name K). On or around April 29, 2019, the Plaintiff filed a complaint against the Defendant, F, H, and J (tentative name K) in relation to the instant investment funds. Around April 29, 2019, H, J, etc. (hereinafter “Defendants”) organized D, which is an illegal multi-level company, and received investment funds from investors and received profits from profit-making businesses, and was charged for fraud, even though they did not have the intent and ability to pay the investment funds and profits, they received an amount equivalent to the investment funds from investors (Seoul Northern District Court Decision 2019Da3025, etc.).
3. The defendant.