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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “Nonindicted Company”) is a company established for the purpose of wholesale and retail business of electrical and electronic equipment and distribution business, and the Defendant was a director of Nonparty Company.
B. On February 2, 2006, the Plaintiff was recommended by the Defendant to invest in the non-party company. At the time of the Defendant and the officers of the non-party company including the co-defendant B, the representative director of the first instance court, and the non-party company, including the Plaintiff, explained to investors including the Plaintiff that “if investing in the non-party company, 400,000 won per week, 40,000 won per week shall be paid every 40-50,000 won as principal and allowances.”
C. The Plaintiff entered into an investment agreement with the non-party company (hereinafter “instant investment agreement”) and paid a total of KRW 331 million to the non-party company several times from February 13, 2006 to July 13, 2006 on several occasions under the pretext of investment.
On February 24, 2006, the Plaintiff received the cash custody certificate (hereinafter “each cash custody certificate of this case”) from B stating that with respect to each money of KRW 20 million, KRW 220 million on March 3, 2006, KRW 200 million on March 17, 2006, KRW 20 million on March 17, 2006, the Plaintiff stated that “the Defendant’s signature, the Defendant’s signature, or the Defendant’s signature, the Defendant’s address, and the resident number as to each money of KRW 17:00 on March 17, 2006, shall be liable for each of the above money from each of the preparation date until 50 times from each of the preparation date” (hereinafter “each of the cash custody certificates of this case”). At the bottom of each of the cash custody certificates of this case, each of the following documents are written.
E. On May 3, 2007, the Defendant, in collusion with E, F, G, B, and H, which was a director or auditor of the non-party company, under the Seoul Central District Court Order 2007MaMa24 on May 3, 2007, may make an act of importing the investment to an unspecified and unspecified person under the agreement to pay the total amount of the future investment or the amount in excess thereof without obtaining authorization or permission or making registration.