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(영문) 대구지방법원 2016.07.08 2015가단29807
투자금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff received 10% per month from the Defendant with respect to the FX M&C transaction (foreign exchange transaction) and paid to the Defendant KRW 30 million on October 19, 2010, and KRW 20 million on the following day. The Defendant entrusted KRW 50 million to C engaged in the automatic system transaction by adding the Defendant’s KRW 3 million to the above KRW 50 million and KRW 30 million to D engaged in the manual system transaction.

B. On November 11, 2010, the Defendant paid KRW 100,000 to the Plaintiff, and at least KRW 12,000,000,00 to the Defendant for the benefit of foreign exchange transactions. In a case where the Plaintiff filed a complaint against the Defendant for fraud, the Plaintiff stated that the Plaintiff was paid KRW 12,00,000,000,000 for the benefit of foreign exchange transactions. The amount was paid plus C also paid to the Plaintiff on May 31, 201, at least KRW 80,000,000,000, including the amount paid to the Plaintiff.

C. On October 24, 2011, the Defendant: (a) prepared a plan to pay to the Plaintiff [the Plaintiff [the Plaintiff shall be liable for the portion of principal loss in requesting investment in a foreign futures company; (b) shall be paid KRW 20 million from August 201 to January 5, 2012 through foreign exchange transactions; and (c) shall be paid KRW 20 million from February 5, 2012 through foreign exchange transactions from February 201 to July 2012; and (d) shall be paid KRW 30 million from August 5, 2012 to March 5, 2012; and (c) shall be paid the balance from August 8, 2012 to October 5, 2012 from August 2012 to October 5, 2012.]

On March 11, 2012, the Plaintiff and the Defendant took part in monetary transactions between church sex, and again did not commit any such act. On this day, the Plaintiff and the Defendant drafted a written agreement with each other [a] to recognize and resolve the error of each other, and no objection is raised against each other in the future.]

E. Meanwhile, the Plaintiff filed a complaint against the Defendant on the charge of fraud, and the Western District Office of the Daegu District Prosecutors’ Office (Seoul District Prosecutors’ Office) rendered a suspicion against the Defendant in the case No. 30423, Nov. 28, 2014.

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