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Reasons
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(영문) 부산지방법원 2017.04.21 2016가단317944
손해배상(기)
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Defendant C are the creation of an elementary school, and Defendant B, the husband of Defendant C, is the representative of Defendant C (hereinafter “Nonindicted Company”).

B. On August 21, 2015, the Plaintiff entered into a fund investment contract (hereinafter “instant investment contract”) with the Nonparty Company with the following terms and conditions. Pursuant to the instant investment contract, the Plaintiff deposited KRW 60,000,000,000 in the new bank account in Defendant B’s name on July 27, 2015, and KRW 160,000,000,000,000,000 won on August 21, 2015.

1) The purpose of this contract is to contribute to the investment of the Plaintiff in the business activities of the non-party company and to regulate the details related to the collection of the funds for the purpose of supporting the business activities of the non-party company. 2) The amount of the Plaintiff’s investment in the non-party company under this contract is KRW 160 million.

(60 million won out of the above amount shall be deposited on July 27, 2015, and the balance shall be deposited on August 21, 2015) Article 3 (Redemption Method) (3) The principal of the investment shall be repaid in cash to the Plaintiff’s account at the end of June 2016. (4) In addition to the general terms of the contract mentioned in Article 9 (Special Agreement), the non-party company and the Plaintiff shall determine the following matters as the special agreement, and if the special agreement conflicts with the main sentence, the special agreement shall prevail over others.

"The payment shall be made in 50 million won out of 3 million Vietnam."

C. After that, the Plaintiff filed a complaint against the Defendants in fraud. On January 11, 2017, the Daegu District Court’s Mapo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spo-Spoon

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