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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Defendants: (a) conspired with the Plaintiff in collusion to acquire money for the purpose of equity investment in D Co., Ltd. (hereinafter “D”); and (b) on April 2010, Defendant C received totaling KRW 26,100,000 from June 10 to January 13, 2011, and (c) transferred to the Plaintiff only KRW 226,00,000,000,000 to the Plaintiff, not D shares, even if there is a problem, such as where the listing is known or delayed; and (b) Defendant C received KRW 90,000 from April 13, 201 to January 13, 201.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff damages KRW 231,100,000 incurred by the Plaintiff due to the said tort and damages for delay.
B. Defendant B’s (1) The Plaintiff purchased shares E through Defendant B after hearing the explanation of the company and deciding to make an investment with its executives, and there is no fact that Defendant B said in the process that the Plaintiff would promptly be listed or that the principal would be guaranteed to the Plaintiff.
(2) After having become aware of the Plaintiff through F and Defendant B, the Plaintiff paid KRW 5,00,000 to Defendant C upon requesting the Plaintiff to buy and purchase shares, and Defendant C merely provided that the Plaintiff would immediately transfer KRW 5,00,000,000 that the Plaintiff received to the E representative G to purchase shares, and there was no stipulation that the Plaintiff would guarantee the principal during that process.
In addition, it is no relation with Defendant C that the Plaintiff paid KRW 226,100,00 to Defendant B as the purchase price of D shares.
2. (1) The facts below the findings of the recognition do not conflict between the parties or between A1 to 3, and 6 to 8.