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(영문) 서울중앙지방법원 2016.04.26 2015가단103690
투자금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The fact that the plaintiff paid 25 million won to the defendant's securities account on June 1, 2006 does not conflict between the parties.

2. The Plaintiff asserts that the Defendant would purchase the shares of D Entertainment, to which the film actors C belongs, and that the Defendant invested KRW 25 million in the Defendant. However, the Defendant did not purchase the shares promised, thereby demanding the return of the said amount of KRW 25 million.

The defendant, upon the request of the plaintiff to make an investment in the KOB Co., Ltd., which was invested by the plaintiff, purchased the KOB's shares by paying KRW 25 million. At the time, the plaintiff explained the risk of stock investment to the plaintiff and explained that the principal of the investment could not be guaranteed. After the price decline, the defendant argued that the plaintiff did not have a duty to return the investment amount to the plaintiff.

3. The Plaintiff’s assertion is without merit, since there is no evidence to acknowledge that the Defendant either purchased the shares of D Entertainment, to which C, or agreed to return the invested principal despite the decline in the share price.

4. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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