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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. After receiving a proposal from the Defendant and Nonparty C to invest in the business of newly building and selling commercial buildings by purchasing Canadian land from the Defendant and Nonparty C, the Plaintiff transferred KRW 277,000,000 to the Defendant, either directly or through the account in the name of Nonparty D and E, from January 28, 2008 to March 5, 2008.
B. Around March 19, 2008, the Defendant received 32,000,000 won from the Plaintiff’s children as well as documents for preparing study in Canada elementary schools of Canada.
C. On September 11, 2008, the Plaintiff filed a criminal complaint against the Defendant and C with the purport that “the Defendant and C conspired to acquire the above KRW 277,00,000 from the Plaintiff, and the Defendant refused to return KRW 32,00,000 for studying expenses.”
C was charged with the Plaintiff’s fraud of investment amounting to KRW 79,350,000 and investment amounting to KRW 79,350,000 against Nonparty F. On November 18, 2011, the Seoul Eastern District Court sentenced the Plaintiff to imprisonment for one year and six months as it was found guilty of fraud against the Plaintiff on November 18, 201, but was sentenced to imprisonment for one year and six months, but the Defendant was acquitted of fraud against Nonparty F. In addition, both appeals against the above judgment, but the Seoul East East District Court sentenced Defendant C and the Prosecutor’s appeal was dismissed on April 19, 201, but Defendant C appealed appealed to the Supreme Court, but Defendant C’s appeal was dismissed on June 28, 2012.
(Supreme Court Decision 2012Do5162). E.
Meanwhile, the Defendant was charged with embezzlement of KRW 31,200,000 out of KRW 32,000,000, which was delivered to the Plaintiff as a means of fraud of investment and study expenses equivalent to KRW 277,000,000, and was sentenced to a suspended sentence of two years in February 26, 2016, by the Gwangju District Court 2015Da2193, May 26, 2016, and is currently pending in the appellate court (Seoul District Court 2016No183).
[Based on recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 to 6 (including branch numbers), respectively;