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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff would make an investment in Ulsan-gun E neighborhood living facilities (hereinafter “instant commercial buildings”) implemented by the Defendant from D working in the Defendant’s sales agency, and that the Plaintiff would return the investment amount and pay 12% per annum of the investment amount to the profits from May 31, 2018, the Plaintiff was urged to prepare a sales contract for Fho-gun and G among the instant commercial buildings as security for the investment amount.
Upon such recommendation, the Plaintiff prepared each sales contract for Fho Lake and G among the commercial buildings of this case, and remitted the total of KRW 119,795,250 on March 23, 2018 to the Defendant Company account.
On April 5, 2018, the Defendant paid to the Plaintiff KRW 13,901,040 of the investment revenue, but did not return the investment principal.
Therefore, the defendant is obligated to pay to the plaintiff the investment principal 119,795,250 won and damages for delay.
2. The evidence submitted by the Plaintiff alone is insufficient to deem that an investment contract between the Plaintiff and the Defendant was established, as alleged by the Plaintiff, and there is no other evidence to acknowledge it.
However, there is no evidence to acknowledge that the Defendant’s internal director H is the actual representative of C, and that I and D, a formal representative director of H, recommended the Plaintiff to make an investment under the direction of H.
Furthermore, the following circumstances revealed by the entry of Gap evidence No. 1, witness D, and I's testimony, and the purport of the entire pleadings, namely, I testified that Eul prepared a sales contract concerning the shopping district F and G for the purpose of acquiring profits through resale between Eul and the plaintiff. D appears to have only been employed by the defendant or not received instructions from the defendant, and that D was paid as investment earnings.