손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. In the first instance court, the Plaintiff filed a claim for damages due to a tort committed by the Defendant’s violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission, and the agreement under which the Defendant shall pay the Plaintiff’s total amount of the Plaintiff’s investment or the amount in excess. The first instance court dismissed
In this regard, the plaintiff appealed against the dismissal of the claim for the agreed amount. Therefore, the subject of the judgment of this court is limited to the claim for the agreed amount.
2. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
3. The parties' assertion and judgment
A. The plaintiff's assertion that the defendant agreed to pay the plaintiff the total amount of the investment or the amount in excess thereof in the future and received the investment (hereinafter "the investment of this case"), thus, the defendant is obligated to return the investment of this case as agreed money.
B. The subject of the Defendant’s assertion that the Plaintiff invested is E farming association corporation (hereinafter “instant corporation”), and the Defendant merely explained to the Plaintiff the matters regarding the Plaintiff’s investment, and there was no agreement to pay the Plaintiff the instant investment amount and the dividend payment therefor.
C. Considering the above relationship, the author of the evidence Nos. 2 and 17, J, L, I, and C, the author of the evidence Nos. 2 and 17, and K, the witness of the trial court, as the author of the instant legal entity, was investing in the instant legal entity, and the victim was the victim, it is insufficient to acknowledge that the Defendant agreed to the return of the instant investment to the Plaintiff by only the statements Nos. 2, 3, and 17, and the witness I, and the witness of the trial court of the first instance and the witness of the trial of the first instance. (or each of the above statements or testimony is difficult to believe)
The Defendant also commits the crime stated in the evidence No. 1-1.