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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Before February 2014, C made a false statement to the Defendant, “A” (i) around 2014, stating that “C was the head of the branch of Hyundai Capital Capital, and there is only an executive of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the company and its family members.” In doing so, C was not the head of the modern Capital Capital branch of the company that made an investment. However, even if C was made an investment, it was not the head of the branch of the branch of the company that made an investment, and C had the intent or ability to pay the principal and the profits to the investors in so-called return by using the investment funds attracting from the investors, such as the Defendant without any special profit structure. (ii) As such, at the end of the foregoing false statement, the Defendant, including the transfer of KRW 5,00,000,000, to C as investment funds, wired the amount of KRW 305,305,705,000 from that time to February 12, 2016.
3) In the case of the fraud in Incheon District Court Decision 2016Gohap311 (Fraud) and 2016Gohap338 (Merger), C was sentenced to imprisonment with prison labor for two years and six months from the above court on November 9, 2016, and was sentenced to imprisonment with prison labor for the said court on the following grounds: (a) the Plaintiff and the Defendant were sentenced to imprisonment with prison labor for a total of eight times from the date of receiving KRW 1,307,80,000 from the Plaintiff to the Plaintiff on March 9, 2014, while stating that the Defendant would have had the Plaintiff gain profits by investing in the Hyundai Capital Investment Products through C, the Defendant received KRW 2 million from the Plaintiff on March 9, 2014, and received KRW 1,307,80,000 from that time to February 12, 2016.
2) As above, the Defendant invested money remitted from the Plaintiff to C. The Plaintiff received money as principal and dividend from C and returned the Plaintiff totaling KRW 852,943,500 over 98 times from May 26, 2014 to February 18, 2016.