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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
On the premise that the Plaintiff invested KRW 50 million to the Defendant, the Plaintiff asserts that the Plaintiff sought the return of the investment amount and the proceeds in accordance with the agreement, and the Defendant asserts to the effect that: (a) the actual counterpart who the Plaintiff agreed to make an investment is Nonparty C, not the Defendant; and (b) according to the investment agreement, the Plaintiff did not return the investment amount and the proceeds.
However, in order to support the assertion, the Plaintiff submitted an investment agreement (Evidence A 1) made with the Defendant as evidence, and in light of the following circumstances, there is no sufficient evidence to acknowledge the authenticity, and there is no formal evidence.
Examining the Defendant’s indication column of the instant investment agreement, the following is written in the same vice language as “Defendant and two other persons,” and only the document indicated as “D” is sealed in the same form as that of the corporate seal.
If the EF B’s seal imprints are affixed to B, etc., the seal is affixed by anyone (the defendant is the position to gather an investment agreement itself) and a third party, there is no sufficient proof as to whether the defendant’s consent or permission is affixed.
Rather, according to the witness G’s testimony, the Plaintiff appears to have been aware of the fact that the Plaintiff appeared as a witness and made an investment in the real estate broker H (the Defendant was aware of the fact that he was an employee of the C’s business entity, but he testified to the effect that he was not aware of the fact that the Plaintiff was an employee of the C’s business entity).
The non-party C collected funds from a large number of investors while running the commercial building construction and selling the commercial building, and was prosecuted for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Regulation of Similar Receiving Act.