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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B are in office in the same company.
B. Around October 2006, the Plaintiff heard an explanation on the D Apartment Construction Business from Defendant B, and deposited KRW 46 million in total with Defendant B’s account: ① KRW 30 million on October 1, 2006, KRW 5 million on April 9, 2006, KRW 10 million on October 10, 2008, KRW 46 million on September 1, 201, and KRW 2 million on April 12, 2007.
C. On August 31, 2007, with respect to the above amount of KRW 76 million, the Plaintiff received KRW 50 million from Defendant B (hereinafter “E”) and KRW 55 million in total from Defendant B on February 9, 2012.
(hereinafter referred to as “returns”). D.
E was a construction company with its head office in 2006 and 2007, which was promoted to participate in the F collective housing project in 2006 and 2007, but it did not perform the project and was dissolved pursuant to Article 520-2(1) of the Commercial Act on December 6, 2013.
Defendant B served as a director of E between May 15, 2007 and December 3, 2007; Defendant C was dissolved from May 15, 2007 to the time when E is dissolved; and between May 15, 2007 and December 3, 2007, respectively as a representative director.
On December 10, 2013, the Plaintiff tried to file a criminal complaint with the effect that “When the Defendant conspired to construct D Apartments in collusion, he/she acquired KRW 76 million from the Plaintiff, he/she returned only KRW 55 million among them, and did not return the remaining KRW 21 million, and thus, the Defendants were punished for fraud,” but did not achieve the purpose of the statute of limitations.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff is a loan of KRW 65 million, which was deposited until 2007, and thereafter deposited KRW 11 million. As there was an agreement to refund the principal of the investment, the Defendants made an investment to the Defendant on August 27, 2015 on the third day for pleading.