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Reasons
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(영문) 수원지방법원 2017.03.08 2015가단124671
투자금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Evidence 【Evidence” 1, A2, A3, A4-1 through 8, A5-1, 2, A6, A7-1, 2, B-3, B-1 through 3, B-5-1 through 4, A-5-1, A-5-4, and the results of fact inquiry and the purport of the whole pleadings to the Bank of Korea;

가. 원고와 피고 B은 ㈜D에서 원고는 이사, 피고 B은 차장으로 1년 정도 같이 근무하였고, ㈜멜파스에서 4개월가량 같이 근무하였다.

나. 피고 B은 ㈜멜파스의 사내 회식자리 및 사석에서 동료들에게 자신이 자동차경매업에 종사하는 피고 C에게 투자하여 수익을 올리고 있다고 말하였다.

The members of the Easterns wished to invest in Defendant C, and Defendant B delivered their investments to Defendant C.

C. The Plaintiff became aware of Defendant C through Defendant B around March 2013.

around March 2013, the Plaintiff invested KRW 20 million to Defendant C and returned KRW 23 million as principal and profit around September 2013.

The Plaintiff transferred the total amount of KRW 10 million to the bank account in the name of Defendant B on November 12, 2013, and KRW 40 million on December 5, 2013; and KRW 50 million on December 23, 2013; and KRW 10 million on December 24, 2013, respectively.

Meanwhile, Defendant B remitted to Defendant C’s wife KRW 10 million on November 13, 2013, KRW 10 million on December 6, 2013, KRW 10 million on December 23, 2013, KRW 10 million on December 23, 2013, and KRW 10 million on December 24, 2013.

2. The allegations by the parties and the judgment of this court

A. The plaintiff's assertion 1) The defendants' assertion that the plaintiff's assertion 1) had no intent to make an investment in the automobile auction and pay 10% of the investment principal and 20% of the investment principal and 3 months and 6 months in the absence of an intent to pay the investment principal and 40 million won from the beginning. The plaintiff's belief that the plaintiff caused damages equivalent to the above amount by inducing the plaintiff to pay 40 million won of the investment amount to the defendants. Thus, the defendants should pay 40 million won to each plaintiff.

B. Defendant B’s counterclaim is Defendant C’s wife, who received KRW 40 million from the Plaintiff’s wife F.

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