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(영문) 광주지방법원 2016.11.17 2014가합1586
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s investment grant 1) Defendant B and C received profits from the lending company from around 2005 to Defendant B’s friendship E. (2) The Plaintiff was engaged in the business of running a store with Defendant C and C. However, upon considering the fact that Defendant C and C received investment profits through E, Defendant C asked Defendant C to make an investment of the Plaintiff’s money, and Defendant C introduced Defendant B to the Plaintiff.

3) Accordingly, the Plaintiff entrusted Defendant B with money, and agreed to receive KRW 1,500,000 per month of KRW 100,000,000. From June 2010, the Plaintiff received KRW 1,000 per month of KRW 1,00,000,000. From November 11, 2009 to April 29, 2010, the Plaintiff returned KRW 1,100,000 to the account under the name of Defendant B or the Defendant C for a total of KRW 1,10,00,000 from April 29 to April 29, 2010. Defendant B and C transferred KRW 1,10,000,000, out of KRW 1,000,000,000 transferred from the Plaintiff as above, and the Plaintiff recovered the remainder from Defendant E10,000,000.

B. On October 2010, the Plaintiff filed a complaint against the Defendants (No. 2010 type No. 61707 of the Gwangju District Prosecutors’ Office) with Defendant B and C as fraud (No. 2010 type No. 61707 of the Gwangju District Prosecutors’ Office) by asserting that “Defendant B, C, while guaranteeing the repayment of principal and giving interest of 1% or 1.5% per month, the Plaintiff deceptioned the Plaintiff and acquired KRW 1,00,000 from the Plaintiff.” The investigative agency conspired with Defendant B and C to arrange for a loan of KRW 1,00,000 to E by taking advantage of the status of the Vice Minister of Agricultural Cooperatives of Defendant B and C, not fraud, rather than fraud.

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