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(영문) 부산지방법원 2020.11.24 2019가단345063
투자금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff’s assertion is divided into “F”, a person in charge of the “E” site, by receiving text messages, called “D” from the Plaintiff’s mobile phone, and then dividing into “F” and “F”.

The above F, upon paying the investment money to the Plaintiff, deceiving the Plaintiff that he would pay more than twice the principal to the Plaintiff.

Accordingly, the Plaintiff transferred KRW 22,548,000 to the H bank account of the Defendant Limited Company B (hereinafter “Defendant C”) on November 10, 2019, and KRW 10,000,000 on November 8, 2019, and KRW 44,000,000 on November 20, 2019. On December 10, 2019, the Plaintiff transferred KRW 22,548,000 to the H bank account of Defendant C (hereinafter “Defendant C”).

The Defendants concluded a return agreement with the Plaintiff through F, and the Defendants are obligated to pay the Plaintiff each money stated in the purport of the claim as the return of the investment amount.

In electively, the Defendants conspired with the above F and acquired the said money by deceiving the Plaintiff, or aided and abetting the Defendants by providing a corporate account and facilitating the defraudation of the above F and so, the Defendants are obligated to pay each money stated in the purport of the claim as compensation for tort to the Plaintiff.

(E) The Defendants are obligated to pay the Plaintiff the money as stated in the claims to the Plaintiff, as they have obtained unjust enrichment from the Plaintiff’s account in the name of the Defendants.

2. Determination

A. We examine the judgment on the claim for return of investment amount, and there is no proof of the Plaintiff’s assertion as to what relationship the FF recommended the Plaintiff to make an investment by sending text messages to the Plaintiff, and there is no other evidence to prove that the agreement was concluded between the Plaintiff and the Defendants as alleged by the Plaintiff. The Plaintiff’s assertion is insufficient to accept such agreement, and there is no other evidence to prove otherwise.

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