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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Facts of recognition;
A. On September 21, 2016, the Defendant invested KRW 10,000,00 in the volume of KRW 10,000 to D who operated a stock company, etc., and received monthly payments from the said company from October 24, 2016 to July 20, 2017.
B. On December 9, 2016, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) intended to introduce and invest a company run by D from the Defendant, which was known to and known to the general public, and KRW 10,000,000 with D’s account, and KRW 10,000 with the Defendant’s account ( KRW 9,30,000 with KRW 10,000 with Plaintiff’s account (hereinafter “Plaintiff”).
) Each remittance was remitted from the account under the name of E.
The defendant remitted the above KRW 10,000,000 to the account of D on the same day.
C. Since then, Plaintiff A remitted each of the KRW 10,00,000,000 on February 1, 2017, from the Plaintiff E’s account, to the Defendant’s account, and KRW 10,000,000 on February 2, 2017, and KRW 10,000 on April 10, 2017, and KRW 1,000,000 on May 10, 2017, respectively, to the Defendant’s account. The Plaintiff remitted each of the KRW 1,00,00,000 on June 9, 2017, and KRW 1,000 on July 1, 2017, 200, and KRW 1,000 on August 1, 2017, 200 on August 1, 200, respectively.
The Defendant immediately transferred the above KRW 3,000,000 transferred from the Plaintiff E’s account to the account of G and H on the same day.
Meanwhile, D shall administer the development of investment products and the management of investment funds, etc. from around November 24, 2014 to December 30, 2016 while operating C Co., Ltd. from around December 30, 2016. A corporation established under J’s name, G and K Co., Ltd., Ltd., Ltd., established under the above G’s name, M, the head of the above G headquarters, N Co., Ltd. established under the name of P, Ltd., P established under the above head of the headquarters, R Co., Ltd., Ltd. established under the above head of the headquarters, R Co., Ltd., Ltd., and H Co., Ltd., Ltd., Ltd., established under Q’s name, with D’s personal account over 340,419,081,926 won, from around January 19, 2015 to July 22, 2017, received KRW 3086,8684.