beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The gist of the Plaintiff’s assertion: (a) the Plaintiff, the Defendant, C, D, and E invested KRW 57,000,000 when entering into an investment contract with F Co., Ltd. in relation to the money to be distributed in the case of auction of real estate G real estate G with the Seoul East District Court; and (b) the Defendant was paid KRW 58,00,000 as dividends under the said investment contract.
Of the above 57,00,000 won, the amount invested by the Plaintiff constitutes 17.4% of the total amount of investment as KRW 10,000,000,000, and the Plaintiff seeks payment of KRW 8,352,000 out of the total amount of KRW 58,000,000 that the Defendant received as a dividend, which corresponds to 17.4% of the total amount of KRW 58,00,000 paid to the Defendant.
2. The Plaintiff entered into an investment contract with F Co., Ltd. (hereinafter “F”) on January 29, 2015 with the purport of the entire pleadings, with the following facts: (a) on the same day, the Plaintiff paid F Co., Ltd. (hereinafter “F”) KRW 57,00,000 out of the total amount of KRW 285,00,00,00,000 to F in return for the payment of KRW 285,000,00,000 to F in return for the claim for the right to collateral loan against F Co., Ltd. (hereinafter “the claim for collateral loan against F”); and (b) on the same day, the Plaintiff and the Defendant actually made an investment with F Co., Ltd. as the representative of the Plaintiff, Defendant C, D, and E, respectively, within seven days from the date of distribution.
Furthermore, with respect to whether the Defendant received KRW 58,00,00 as dividends under the instant investment contract as alleged by the Plaintiff, the following circumstances, i.e., the Defendant, on Nov. 20, 2014, is the Seoul Eastern District Court (hereinafter “K”), taking into account the overall purport of the pleadings as to whether the Defendant received KRW 58,00,00 as dividends under the instant investment contract, and as to the entries in the evidence Nos. 3, 9, and 10 (including the branch numbers, if any).