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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The Defendant is the actual operator of C Co., Ltd., a rice plant in Vietnam, a rice plant, and the Defendant is the actual operator of C, a rice plant in Gangnam-gu, and even though there was no intention to operate a store for rice State-owned in the second floor E located in Gangnam-gu, Seoul, the Plaintiff was paid 50 million won of investment by making a false statement as if he would run a store. As such, the Defendant is obligated to pay the above money as compensation for damages caused by the act of
B. Even if there was no intention to obtain such fraud, the Defendant received 50 million won from the Plaintiff on the premise of the return of principal, or borrowed the above money, and thus is obligated to return it.
2. The fact that the Defendant received KRW 50 million from the Plaintiff on August 10, 2010, under the pretext that the Defendant used the Plaintiff as a lease deposit for a rice State store E located in Gangnam-gu Seoul Metropolitan Government D2 story as of August 10, 2010 does not conflict between the parties.
However, as to whether the defendant received the above money with the intent to acquire it by fraud although he did not intend to do so with the plaintiff, it is insufficient to recognize it only by the descriptions of the above money, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, and Gap evidence 5, and there is no other evidence to acknowledge it.
Rather, the Plaintiff paid the above money to the Defendant and received a total of KRW 901,235 won over three times as a profit from investment on 20 days in store operations.
Furthermore, there is no evidence to regard the above money as the investment money or the borrowed money premised on the return of the principal.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.