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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 3:
Upon the Defendant’s recommendation for investment, the Plaintiff granted a total of KRW 80 million to the Defendant from September 1, 2014 to October 30, 2015 (hereinafter “instant investment”).
B. The Defendant delivered the Plaintiff’s instant investment funds and the Plaintiff’s investment funds to C, and C invested in futures stocks with the said investment funds, and around December 2015, it became impossible to recover the said investment funds due to failure to make an investment.
2. The assertion and judgment
A. The summary of the plaintiff's assertion 1) The defendant recommended the plaintiff to return the investment amount at any time within three months prior to the request of the plaintiff to return the investment amount, and the plaintiff believed the defendant's above promise and delivered the investment amount of this case to the defendant. Therefore, the defendant is obligated to return the investment amount of this case to the plaintiff according to the above agreement for return of the investment amount of this case. 2) The defendant acquired the investment amount of this case delivered by the plaintiff without using it in the futures stock investment that is the purpose of investment. The defendant is obligated to pay the plaintiff the amount equivalent to 80 million won of the investment amount of this case and damages for delay.
B. 1) Determination 1) Since there is no evidence to prove that the Defendant promised to return the investment amount to the Plaintiff, the above assertion by the Plaintiff is without merit. 2) It is insufficient to acknowledge the fact that the Defendant acquired the investment amount of the instant case from the Plaintiff only by means of the written evidence Nos. 1 and 2 as to the claim for damages, and there is no other evidence to support the fact that the Defendant acquired the investment amount of the instant case that the Plaintiff received from the Plaintiff. Rather, in full view of the purport of the entire pleadings in the written evidence Nos. 1, 2 and 3.