대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts following the facts do not conflict between the parties, or are recognized by considering the whole purport of the pleadings as a whole in each entry of Gap evidence No. 14-1 to 3 and Eul evidence No. 17-1.
A. From April 2015 to June 2016, the Plaintiff paid KRW 66 million to Nonparty C (hereinafter “C”) via the Defendant with the sum of the investment funds for the purchase of game machines in the overseas game room operation business, including the U.S. TEX.
B. The Plaintiff received KRW 33,750,948 in total as a revenue for the said investment amount.
C. However, C and non-party D (hereinafter “D”) promises to “in the event of investing in the purchase of a game machine at C’s overseas game, it shall be established and operated in the game room, such as the U.S.T., and pay investors 21% or 32% annual profits from the proceeds derived therefrom.” In fact, it is operated in the multi-level financial private company, which is operated in the way of preventing the so-called return use of investment attraction allowances for “sellers” and profits from the existing investors, without using them for the purchase of a game machine. The Plaintiff’s investment amount is also used as the purchase price of the game machine.
Nonparty E, who is the operators of C and D, and F, are Nonparty E and D on January 18, 2018.
was convicted of a multi-level financial fraud crime, such as paragraph (1);
(U.S. District Court 2017Gohap24). 2. Claims and judgments
A. The Plaintiff’s assertion 1) while working as the “sales source” of D, the Defendant, in collusion with E, F, by deceiving the Plaintiff, or by negligence aiding and abetting the Plaintiff to acquire money under the pretext of investment, or at least by fraud of E and F. Therefore, the Defendant, which is the damage incurred by the Plaintiff due to the tort, and the Plaintiff’s investment amount, deducted the money received from the proceeds (=6.052).