beta
Text
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. The basic facts of the claim (1) Nonparty D established E Co., Ltd. (hereinafter “Nonindicted Company”) and, after establishing an overseas corporation, was doing business such as FX M&C (one type of exchange marginal profit and interest rate brokerage by investing in a total of eight countries currency such as US dollars or U.S. dollars) and received investment funds from many persons.
The plaintiff was introduced by the defendant from the non-party F to the defendant (the plaintiff and the F are the chief manager of the graduate school of G University) and recommended the defendant to invest in D.
(2) On April 1, 2015, the Defendant concluded an agreement with D to invest KRW 120 million (hereinafter “instant money”) with D on April 1, 2015 (hereinafter “instant agreement”). According to the written agreement of this case, the Plaintiff paid the instant money to D on the same day.
According to the instant agreement, the term of the investment agreement was set as “one year from the date of receipt of investment money” and upon the expiration of the said term, D shall immediately repay the instant money to the Defendant, but if the Defendant did not make a written request to repay the money to D one month prior to the expiration of the said term, D shall automatically extend the term of the agreement by one year, and D shall include the content that it shall pay to the Defendant 2% of the monthly investment amount (2.4 million won per month) as profit dividends.
(3) When the Defendant, who did not have a common sense as D, expressed the concern about the loss of principal to the Plaintiff, the Plaintiff issued and delivered to the Defendant on April 2, 2015, a promissory note with a face value of KRW 120 million at face value, issue date April 2, 2015, and the due date of April 2, 2016, as of April 2, 2016, for the purpose of securing D’s obligation to repay the instant money.