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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant shall be supplied with scrap metal from C (hereinafter “C”) around January 2012, and the Plaintiff shall be supplied with the same month.
6. and 7. Around that time, the Defendant remitted 35 million won, respectively, to C as advance and deposit.
B. On January 12, 2012, the Plaintiff and the Defendant agreed to operate a business that was supplied with scrap metal and sold it by C and distribute profits in two equal installments.
C. Since the Defendant was unable to be supplied with scrap metal from C for a period of several months after the payment of the above deposit, around May 2012, the Defendant filed a complaint against C president D in his/her personal name as a crime of fraud. Around that time, D was paid KRW 30 million under the pretext of agreement, and around that time, C was supplied with scrap metal equivalent to KRW 1.5 million at the market price.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1, 2, and 3 (including branch numbers if there are branch numbers), the purport of the whole pleadings
2. Determination as to the cause of claim
A. A. A summary of the Plaintiff’s assertion 1) The Plaintiff and the Defendant invested KRW 35,000,000 of each deposit in order to be supplied with scrap metal from C on January 2012, and were in a partner relationship. Since the Defendant received scrap metal from C and sold them, and only gains profit therefrom, the Defendant is obligated to pay KRW 35,000,000 for the deposit paid by the Plaintiff (hereinafter “instant Claim 1”).
(2) The Defendant received KRW 32,50,000,000 in total, from C, for the purpose of receiving KRW 30,500,000 in cash as criminal agreement, and thus, the Defendant is obligated to pay KRW 16,250,00 in total to the Plaintiff who is a partner.
(hereinafter referred to as the “section 2”). (b)
Judgment
1 The judgment on Section 1 was examined, and even if the defendant supplied and sold scrap metal from Category C, he did not distribute to the plaintiff the profits accrued from the Defendant’s sale of scrap metal.
Even if such circumstance alone, the deposit that the Plaintiff paid to the Defendant C is only 35 million won.