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Reasons
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(영문) 서울남부지방법원 2015.08.17 2015가합619
투자금
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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 were remitted to the Defendant, from the Plaintiff’s account under the Plaintiff’s name, KRW 50 million on June 7, 2006, KRW 20 million on July 18, 2006, KRW 50 million on July 20, 2006, KRW 30 million on July 21, 2006, KRW 30 million on July 21, 2006, and KRW 10 million on July 31, 2006, respectively, from the Plaintiff’s account under the Plaintiff’s title D, the Dongbook, respectively.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. The parties' assertion;

A. The plaintiff's assertion around May 2006, the defendant recommended the plaintiff to make an investment in the apartment construction project promoted by E, who is the defendant's branch of the defendant, to purchase apartment units at a low price. If the plaintiff fails to obtain profits, the defendant agreed to return the full amount of the plaintiff's investment in the event that the plaintiff does not purchase apartment units, and the plaintiff eventually failed to purchase apartment units, and the plaintiff will return the full amount of the plaintiff's investment in the amount of KRW 160 million around April 2007, and thus the defendant is obligated to return the amount of KRW 160 million to the plaintiff according to the agreement to return the investment bond.

B. The defendant's assertion that he did not agree with the plaintiff that he would return the investment amount of KRW 160 million to the plaintiff.

3. According to the evidence No. 6-6, 12, 13, 14, and 15 of the judgment No. 6-6-6 of the defendant, the defendant filed a complaint against E as a crime of fraud around November 20, 2006, and E obtained KRW 165,000 from the defendant on March 21, 2007, Seoul Southern District Court Decision 2006Da3725, 3944, 2007Gadan461, and around May 23, 2006, it is recognized that the defendant was sentenced to imprisonment for a crime of fraud, such as obtaining KRW 165,00,00 from the defendant on May 23, 2006 to acquire KRW 165,00,00 from July 206.

However, in light of the following circumstances, the defendant's testimony alone is the above-mentioned facts, Gap evidence Nos. 1 through 11 (including serial numbers), and witness D.

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