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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Through the Internet search, the Plaintiff confirmed that the gold exchange located in the Gu, Si, Cheongju-si (hereinafter “instant store”) sells gold products at a low price, and concluded a sales contract with the content that the Plaintiff purchased ten money from E, the Defendant’s children, around April 9, 2015, and 90% of the price is paid on the day, and the remainder is paid on the day of receiving gold products.
Accordingly, on April 9, 2015, the date of the above contract, the Plaintiff paid KRW 1.5 million to the account for the South Cheongju branch account (hereinafter “instant account”) in the name of Chungcheongnam-do Seoul National Agricultural Cooperative on April 9, 2015.
B. On April 16, 2015, the Plaintiff entered into a sales contract for the same method as E and the same day, and paid 1.5 million won to the account in the instant case by account transfer on the same day. On May 13, 2015, the Plaintiff entered into a sales contract for net money of 100g and paid 4.2 million won to the said account by account transfer on the same day.
C. On June 23, 2015, the Plaintiff entered into a sales contract with E to purchase KRW 43,80,000 (hereinafter “instant sales contract”) with E, and paid KRW 40 million to the instant account on the same day by account transfer.
However, E did not pay on June 25, 2015, which provided that the Plaintiff shall pay the instant Alley, to the Plaintiff, and even thereafter, E did not pay the said Alley to the Plaintiff.
On June 15, 2015, the Plaintiff filed a complaint against E with an investigative agency as a crime of fraud. On November 4, 2015, E was recognized as a crime of fraud against the Plaintiff, etc. and was sentenced to imprisonment for one year and six months at the court of first instance (Cheongju District Court 2015Da1474), and appealed, but on April 15, 2016, the said appeal was dismissed and the said judgment became final and conclusive on April 23, 2016.
E. Meanwhile, the Plaintiff.