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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. 1) The Defendant’s husband, the Defendant’s husband, concluded that, as most of the funds invested by the Plaintiff were expected to be used as corporate operating costs and dividends to existing investors, and the business that had been conducted at the time was invested in uncertain futures trading, and thus, it was difficult to secure revenues stable, and thus, there was no intention or ability to return or pay the principal of the investment normally even if having received an investment from the Plaintiff. (A) Nevertheless, C, at the office of D Co., Ltd. (hereinafter “D”) operated by it (hereinafter “D”) around November 30, 201, covered the Plaintiff’s automatic futures trading system of Mcom with the company with the foreign futures trading system in Japan, it would make foreign futures trading by combining the Plaintiff’s automatic futures trading system of D (hereinafter “D”), it would make a false statement to the effect that “for six months, 4% monthly dividends are paid, and the principal is repaid after six months.”
Accordingly, on November 30, 201, the Plaintiff wired KRW 50 million to the Korean bank account in the name of C, and on December 12, 2011, the Plaintiff transferred KRW 60 million in total to the new bank account in the name of the Defendant (E; hereinafter “instant account”) that was known to C on two occasions under the name of the Defendant (hereinafter “instant account”).
B) Around March 14, 2012, D office made a false statement to the effect that “C invests in the D office 200 index futures using a computer program, 1% of the monthly dividend will be given to the Plaintiff, and the principal will be repaid after one year.” D office around April 27, 2012, the Plaintiff transferred KRW 20 million to the Korean bank account in the name of C. C (C) and D office around April 27, 2012, the Plaintiff will make an investment in the company in which the “L” person of Thailand who is well known in Thailand was merged with the Plaintiff’s listed company.
The 1% dividend per month shall be paid when investing money for a period of three months.