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The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The Plaintiff: (a) collected money with the Defendant and other investors and invested in the futures option transaction, etc. operated by Nonparty C through a bank account in the name of the Defendant; and (b) transferred a total of KRW 120 million to the bank account in the name of the Defendant from October 10 to July 8, 2014.
Around December 10, 2014, the Defendant prepared and issued a certificate of borrowing money to some investors including the Plaintiff, and accordingly, the Defendant prepared and issued to the Plaintiff a certificate of borrowing money (hereinafter “certificate of borrowing”). Around November 25, 2014, the Plaintiff, the obligor, the date of borrowing, the amount borrowed KRW 120 million, the annual interest rate of KRW 7.2%, and the amount borrowed (hereinafter “certificate of borrowing”).
C On December 19, 2014, the Defendant entrusted C with cash in order to invest in futures option trading, etc., and 20% of the investment amount was deposited in the agreement dated January 13, 2012 stating that the Defendant borrowed free interest and deposited a total of KRW 980 million up to July 12, 2014, a notary public issued a certificate No. 1779 of D Law Firm Preparation, 2014. A written agreement prior to the same day was discarded, but the said agreement was omitted in separate procedures for return of cash assets (80%) and subsequent borrowed money (10%) to C, and the notary public prepared a certificate of agreement for cash use of KRW 98,000,000,000 for the creditor, debtor C, debtor, loan amount of KRW 100,000,000,000,000 from D Law Firm No. 1616, Jan. 16, 2014.
C Around May 2018, as an investor, including the Plaintiff and the Defendant, was unable to distribute profits to the Plaintiff and the Defendant, there is a difference between 10 investors, including the Plaintiff and the Defendant, and only the amount of each claim (investment amount). As to the remaining parts, each agreement on allocation of property, written with the same content, was prepared, and the agreement on allocation of property between the Plaintiff and C (hereinafter “instant agreement on allocation of property”).