The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. From early 2016, the Defendant made an investment in C Co., Ltd. (hereinafter “Nonindicted Company”) and received profits therefrom, the Defendant recommended the Plaintiff to make an investment in the said Company around June 2018.

B. Accordingly, the Plaintiff invested KRW 10 million in the non-party company on June 14, 2018.

C. On July 13, 2018, the Plaintiff lent KRW 40 million to the Defendant. According to the Defendant’s investment recommendation to Nonparty Company, the Plaintiff decided to invest the said KRW 40 million in Nonparty Company.

Accordingly, the defendant invested 40 million won in the non-party company in the name of the plaintiff on July 27, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 5, 6, 8 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that he was unable to know the non-party company at all, and that he was able to make a high profit by making an investment from the Defendant and received an investment recommendation, and made an investment in the non-party company in trust with the Defendant.

However, the defendant, in collusion with the representative director of the non-party company, allowed the plaintiff to make an investment, and served as a means of financing the investment principal, the defendant is liable to compensate the plaintiff for the loss of the investment principal.

B. The evidence presented by the Plaintiff alone is insufficient to acknowledge the fact that the Defendant conspired with the representative director of the non-party company to induce investment in the non-party company by deceiving the Plaintiff, and there is no other evidence to acknowledge it.

[In light of the statement in Eul's evidence No. 3, the defendant was subject to a disposition not to have any evidence against the charge of fraud, etc. caused by investment related to the non-party company on February 19, 2020 from the Sung-nam District Public Prosecutor's Office of Suwon District Public Prosecutor's Office. In addition, it is difficult to view that the plaintiff directly invested in the defendant, and there is no evidence that the defendant promised to guarantee the investment principal to the plaintiff.

The defendant's investment recommendation against the non-party company shall be made to the defendant.