투자금반환
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. 7/10 of the total costs of litigation shall be the Plaintiff.
1. Basic facts
A. C (hereinafter “Nonindicted Company”) is a company that has engaged in the fund-raising business by advertising as if it would not only guarantee principal but also obtain strict profits if it invests money in the manner of purchasing juice juice (hereinafter “instant goods”).
B. On May 20, 2010, the Defendant, who was a sales partner of the non-party company, explained the operation system of the non-party company that pays allowances or dividends to the non-party company upon the sales revenue of the non-party company and the amount invested by the non-party company upon the purchase of the goods of this case to the Plaintiff and solicits to make an investment. On July 15, 2010 to November 15, 2010, the Defendant was deemed to have paid less than KRW 6.6 million on the 15th day of each month from July 15, 2010 to November 15, 2010.
(C) On May 22, 2010, the Plaintiff purchased and received 33 illness of the instant goods at the Seocho Headquarters of Nonparty Company’s Republic of Korea (the purchase price of 22 illness of the instant goods is KRW 6.6 million).
(D) The Plaintiff received KRW 210,000,000 from the non-party company as an allowance or dividend on June 15, 2010 and June 21, 2010. [Grounds for recognition] The Plaintiff did not dispute, Gap’s evidence 1 through 7, Eul’s evidence 1, 3, and 5 (if there is a serial number, each statement including a serial number), and the purport of the entire pleadings.
2. Determination
A. (1) The plaintiff's assertion (1) is believed to believe the defendant's promise to purchase goods in the form of purchase of goods, and the plaintiff invested in the non-party company in the form of purchase of goods and received only KRW 2.10,000 as dividends. Thus, the defendant is obligated to pay KRW 6.6 million to the plaintiff as agreed in the letter of confirmation of this case.
(2) The main point of the Defendant’s major assertion is the duty to return KRW 6,60,00,000, because the instant confirmation merely gave information on the products of Nonparty Company.