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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. The Plaintiff became aware of the Defendant’s Cho Jong-man, as the introduction of the Defendant, who is operating the fireworks in the building where the Plaintiff’s business place is located.
B. C knew the Plaintiff and the Defendant that he would be able to receive a large amount of profit when operating the lucing shop in the lucing Market while being aware of a person operating the lucing Market in the Incheon Bupyeong-gu.
C. The Plaintiff and the Defendant decided to carry out a fwork shop in the Holdings, the Defendant is the Defendant, and the amount of the fwork deposits to be paid to the operators of the Holdings is borne by the Plaintiff, and the operating profits are divided by 1/2.
The Plaintiff paid C the total sum of KRW 85 million on August 14, 2008, and KRW 15 million on August 18, 2008, under the pretext of down payment and intermediate payment of KRW 100,000,000,000,000,000,000,000,000,000,000,000 won with respect to the fwork contract with the operator
C, however, did not pay the said money to the operator of the Holdings as a deposit.
E. On May 14, 2010, C was sentenced to one year by imprisonment with prison labor for the following purport: “A was sentenced to one year from the Seoul Central District Court: “(a) even though he was not granted the license from the operator of the crowdfunding or promised to grant the license to operate the crowdfunding, he/she would be granted the license from the operator of the crowdfunding; and (b) he/she received the license from the victim (the Plaintiff) and B (the Defendant) and obtained the license to operate the crowdfunding; and (c) he/she received KRW 85 million from the victim (the Plaintiff) by fraudulent means; and (d) C appealed appealed appealed but was sentenced to dismissal.”
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 8, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. (1) The plaintiff's assertion is that C is the defendant's representative, and it is also paid money under the name of the shop to C, and if the problem arises, the defendant will be guaranteed to pay the above money to C.
Between the Plaintiff and C, it shall be limited to the operator of the Holdings.