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(영문) 대구지방법원서부지원 2015.09.23 2015가단7231
손해배상(기)등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On February 2013, the Plaintiff asserted that: (a) around the end of 2013, the Plaintiff sold a dry field as a unit in which dry field was traded; and (b) divided profits therefrom into two parts; (c) upon receiving a proposal, the Plaintiff invested funds; and (d) the Defendant agreed to take charge of the purchase and sale of high wave; and (e) paid KRW 174,050,000 in total to the Defendant for the purchase of high wave.

However, in fact, the defendant deceivings the plaintiff without intention or ability to pay the proceeds from the sale of derivatives and the investment money.

Therefore, the defendant is obligated to return 65,110,300 won of the profit and the amount of investment that are not paid to the plaintiff.

B. The Plaintiff and the Defendant agreed to recover the principal from the Plaintiff, on the basis of the Plaintiff’s assertion, and on the other hand, the Plaintiff and the Defendant engaged in the two-wave sales business.

There is no evidence to prove that the plaintiff deceivings the plaintiff without intent or ability to pay proceeds from the sale of derivatives or from the investment, and the fact that the plaintiff received approximately KRW 60,00,000 in cash from the defendant and received approximately KRW 69,138,30 in kind in both derivatives is the person who is in charge of the fact that the plaintiff received approximately KRW 69,138,30. Therefore, each evidence submitted alone is insufficient to find that there exists a balance of profits that should be settled due to the occurrence

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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