Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. The total cost of a lawsuit shall be borne individually by each party.
Reasons
1. The plaintiff's assertion
A. In collusion, Defendant B’s representative director F and Defendant C (hereinafter collectively referred to as “the Defendant side”) received two copies of the check from the Plaintiff (hereinafter “each of the instant checks”) in which the Plaintiff had no intent or ability to pay the Plaintiff earnings even if they received investments from the Plaintiff, thereby deceiving the Plaintiff, even though they did not have an intent or ability to do so.
B. Therefore, the Defendants are jointly and severally liable to the Plaintiff to pay the sum of the face value of each of the instant checks to the Plaintiff as damages.
2. We examine the judgment, even if the defendant deceivings the plaintiff and received each of the checks of this case from the plaintiff, and fraudulently acquired them, the payment of each of the checks of this case has not been made up to the present day even if the plaintiff's own assertion was based on the plaintiff's own opinion (the first oral argument report of this case). The evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff actually suffered damage equivalent to its face value due to the delivery of each of the checks of this case, and there is no other evidence to prove otherwise
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance, which has different conclusions, is unfair, so it is revoked by accepting the defendant's appeal, and the plaintiff's claim is dismissed. In light of the filing of the lawsuit of this case and the proceedings thereafter, it is reasonable to bear the total costs of the lawsuit as per Disposition.