beta
Text
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts of recognition (1) around January 5, 201, Defendant C established D’s domestic branch office on the fifth fifth floor of the Gangnam-gu Seoul E building as the representative of D’s trade company located in Hong Kong (hereinafter “D”) (hereinafter “D”).
D The HSBC bank account in the name of D has been opened in Hong Kong and operated in a way that investors divided half of investment earnings by providing the FXM automatic trading program to investors, so that investors can engage in the FX derivatives trading (referring to the over-the-counter retail trading in which investors can sell foreign currency through the Internet up to 50 times the deposit money entrusted to financial companies, i.e., foreign currency directly traded by individuals).
(2) If a domestic investor intends to engage in FXM transactions, it must establish a legal entity in Hong Kong or take over existing Hong Kong legal entity and establish a bank account and FX account in its name.
Defendant B established a company “F” (hereinafter “instant Hong Kong company”) in Hong Kong in order to conduct the FXM trading, and entrusted the operation to G, who is a person in charge of D’s FXM transaction, by opening HSBC bank account and its associated FX account in the name of the instant Hong Kong company.
(3) In order to invest in the FXM transaction, the Plaintiff transferred KRW 20 million to the company bank account (H) in Defendant B’s name on May 31, 201, KRW 107,239,00 on August 2, 201, and KRW 108,124,00 on August 3, 201, respectively.
(4) On August 2, 2011, Defendant B borrowed USD 400,00 from the Plaintiff (which is the amount converted into US dollars) and repaid until October 31, 2011, and the interest shall be paid at 27 days per month in accordance with the investment profits, and the interest shall be paid at 10,000,000 won per month, and the certificate of borrowed money as of August 2, 201, hereinafter referred to as “certificate of borrowed money as of August 2, 201.”
(5) On August 16, 201, the Plaintiff prepared and delivered the Plaintiff. (5) On August 16, 201, there is G, which is a working-level employee in charge of Defendant B and D’s FXM transactions.