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1. The plaintiff's primary claim and conjunctive claim against the defendants are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Facts of recognition;
A. At around 2014, the Plaintiff engaged in the scrap metal business, and around 2014, to be supplied with scrap metal from E Co., Ltd. (hereinafter “E”) in charge of removing obstacles to the relevant field, paid 150 million won in advance, but did not receive the remainder of 80 million won. In relation thereto, there was a dispute with F Co., Ltd. (hereinafter “F”) which is the executor of the said field and E.
B. In such circumstances, Defendant C would be entitled to return KRW 80 million for scrap metal supplied by the Plaintiff, and was delegated by the Plaintiff with the authority to contact with E and F, and was engaged in activities related thereto.
C. After that, on December 2015, the Plaintiff filed a complaint against Defendant C as a fraud.
(In the Incheon District Public Prosecutor's Office 2015No. 10164). The details of the complaint are false statements that the defendant C should take a contact and case with F from April 29, 2015 to April 2015, by deceiving that if the plaintiff invests 50 million won in the construction of the road conducted by F, an executory company, the plaintiff would offer rocks, etc. arising from the road construction (F's above road construction is no plan) (the above road construction has been obtained from the plaintiff in lieu of the plaintiff on June 15, 2015).
6. Until November, 198, a total of KRW 35,415,00 through account transfer or credit card settlement was obtained by acquiring property profits of the same amount.
D. In the course of the investigation following the above complaint, Defendant B prepared a business agreement (hereinafter “instant business agreement”) with the Plaintiff on January 16, 2016 in return for the Plaintiff’s cancellation of the complaint, and Defendant C agreed to implement the said business agreement (hereinafter “instant agreement”). The content of the instant business agreement is the place where the order is placed.