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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant related to the parties is the actual business owner of a singing shop operated by franchise in 30 stores nationwide, and D is an employee who actually managed funds, including the management of the proceeds and the disbursement of expenses of the entire store operated by the Defendant from May 2006 to April 201.
B. Around September 13, 2010, D recommended the Plaintiff to make an investment with respect to the Cbucheon-dong 2, which the Defendant will start up, and received KRW 15 million from the Plaintiff as an account in the Defendant’s name (enterprise E).
(2) On September 16, 2010, D drafted an investment contract between the Plaintiff and the Plaintiff in which the Plaintiff made an investment of KRW 100 million and the Plaintiff shall pay KRW 5 million,500,000,000,000,000 per month as a final profit (hereinafter “instant investment contract”) among the parties to the contract (hereinafter “instant investment contract”), wherein the Defendant’s name and address are written in the column of the parties to the contract, attached the Defendant’s seal, and written himself as the Defendant’s agent.
(4) The Plaintiff deposited the remainder of KRW 85 million, excluding the amount of KRW 15 million already paid, out of the investment funds under the instant investment contract, into the accounts under D’s name.
C. The Plaintiff was paid KRW 5 million from the accounts in the name of D on October 21, 201, KRW 2 million from the accounts in the name of D on December 9, 2010, KRW 2.5 million from the accounts in the name of H on December 10, 2010, KRW 2.5 million from the accounts in the name of H on December 10, 201, and KRW 5 million from the accounts in the name of I and J on December 31, 201 and February 24, 2011.
D’s fraud and embezzlement D, from around 2009 to 2010, shall acquire money from many investors, such as K and L, as investment funds, with respect to each store, and between 2009 to 201, C’s multiple stores and the Defendant’s account.