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(영문) 울산지방법원 2017.08.29 2016가단61039
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 26, 2011, the Plaintiff made a D farm investment contract (hereinafter “instant contract”) between C (hereinafter “Nonindicted Company”) and the Plaintiff, under the pretext of the deposit for farming money, to pay the investment money to the Nonparty Company, and the Nonparty Company entered into the D farm investment contract (hereinafter “instant contract”) with the content of developing the farm located in Indonesia and distributing the profits therefrom to the Plaintiff.

When concluding the above investment contract, E Co., Ltd., the representative of the defendant, concluded it as the representative of the non-party company.

B. The Plaintiff’s account in the name of the Defendant after entering into the said contract, as KRW 100 million on May 25, 201, and the same year.

5. 26.3 million won, and a total of KRW 189 million on July 30, 2012, remitted as investment money, KRW 189 million.

[Ground of recognition] Unsatisfy, Purport before oral argument

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Defendant received an investment from the Plaintiff, but instead did not pay it to the non-party company and embezzled it to another user, or received the investment money from the Plaintiff as if he were to transfer it to the non-party company, and thus, the Defendant is liable to compensate the Plaintiff for the damages caused by the Defendant’s tort.

B. The defendant's burden of proving the illegality of the defendant's deception or embezzlement lies in the plaintiff.

In this case, the evidence submitted by the court below to the effect that the defendant deceivings the plaintiff or embezzled investment funds, or the result of the order to submit financial transaction information to our banks by this court is insufficient to recognize it, and there is no other evidence to acknowledge it otherwise.

The plaintiff's assertion is not accepted.

3. The plaintiff's claim is dismissed.

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