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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
On the other hand, the Plaintiff asserts that the Plaintiff sought the return of the investment amount and the profit pursuant to the agreement, on the premise that the Plaintiff invested KRW 100 million to the Defendant, while the Defendant asserts to the effect that the other party who agreed to make an investment is Nonparty C, not
However, in order to support the assertion, the Plaintiff submitted an investment agreement (Evidence A 1) made with the Defendant as evidence, and in light of the following circumstances, there is no evidence to prove the authenticity, and there is no formal evidence.
Examining the Defendant’s indication column of the instant investment agreement, only the following forms of seals are affixed to the Defendant’s name indicated in the same word, and the completion indicated as D’s name is the same as the corporate seal.
It is true that five persons, including the E BF G Defendant, including the D, registered as a trade name on June 20, 2013.
(Registration Number G) However, there is no assertion or proof by the Plaintiff as to whether the above seal imprints are affixed to D, whose seal is affixed by anyone (the Defendant is the position to gather the Aeropoto Investment Agreement itself), if it is affixed by a third party, or if it is affixed with the Defendant’s consent or permission.
Rather, the Defendant consistently asserted that “the Plaintiff has invested in Nonparty C,” and that himself denies the establishment of the agreement of this case without knowing and sealing it. On the other hand, the Plaintiff did not properly reflect whether the Plaintiff affixed the other party to the investment or the Defendant’s seal.
Although the non-party C has no business prospects while implementing and selling commercial buildings, it seems that the non-party C raised funds from many investors, and is currently under criminal trial due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Act on the Regulation of Conducting Similar Receiving Business.
The defendant shall make such an investment as C.