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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C A. A. From April 201 to February 26, 2011, a criminal case against C. D. (1) was instituted against D. D. (201 to the effect that “at least two months prior to the end of 20, 5-15% of the amount of investment will be paid monthly income.” It was also a false statement to the effect that it was received KRW 200 million from D. (3) and that it was 14 victims including D from April 25, 201 to February 26, 2013 and then received KRW 15,167,73,100 from D. (20,000,000,000 were 20,000,000,000 won were 20,000,000,000 won were 20,000,000 won (20,000,000,000).
B. On the ground that C’s assignment to the Plaintiff has a claim for return of unjust enrichment against the Defendant, on February 28, 2013, transferred KRW 356,00,000 to the Plaintiff out of the above returned claim (hereinafter “transfer of claim in this case”); and on April 8, 2013, the Plaintiff delegated the right to notify the transfer to C, and notified the Defendant of the transfer on April 8, 2013.
C. C. A non-prosecution disposition against the Defendant is 230,300,000,00 won by giving C, if the Defendant is not able to repay his/her money, the fact that it received the investment money in so-called manner that C would not return it to other investors.