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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 37,101,250 and its related amount on June 19, 2013 to the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. The Defendant presented to the Plaintiff the investment proposal (No. 1) and the agreement on the same business (No. 2) in early 2008, and proposed an investment in the development project for the National Sea Park and its ancillary facilities (hereinafter “instant project”).
At the time, the defendant had shown the revenue forecast analysis table (Evidence A No. 3) directly prepared by him, and had deceiving that the business in this case would incur 633,60,000 won in the first year and 1,273,200,000 won in the next year. The plaintiff entered into an investment contract with the defendant and entered into the investment contract from February 28, 2008 to the same year.
5. Until December 14, 200, the Plaintiff paid 378,000,000 won in total to the Defendant as stated in the written claim in the written claim of KRW 391,50,000 in total to the Defendant - KRW 378,00,000 in total as stated in the written brief dated February 28, 2013, which the Plaintiff recognized to be excluded from the investment funds paid to the Defendant from the Defendant on March 28, 2013, KRW 30,000,000 in total, as stated in the written claim of KRW 33,50,000 in the written claim of KRW 33,50,00 in total,00 in the amount remitted to the Defendant on May 6, 2008, in which the Defendant was the person in the written answer.
However, since the Defendant paid to the Plaintiff the amount of KRW 200-3 million at the initial stage of the investment, it does not pay all the investment proceeds. Despite the Plaintiff’s duty to report and inform the Plaintiff of all circumstances, such as the place of use of the investment fund, the occurrence of profits, the current status of profit distribution, etc. according to the said investment contract.
B. In light of the above, the Defendant violated the obligation to distribute the profits under the above investment contract and the obligation to protect investors, and thus, the Plaintiff cancelled the above investment contract and claimed a refund of KRW 378,000,000 and a delay in its repayment.
(hereinafter referred to as "the primary claim of this case")
In the primary and selective manner, the Plaintiff’s primary and selective acquisition of investment money by deceiving the Plaintiff, and the Plaintiff has cancelled the said investment contract.