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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The party’s relationship 1) The Defendant is the actual business owner of “C” singing stores operated through franchises in 30 stores nationwide. The Defendant is the employee who is the Defendant’s vegetable representative director from May 2006 to April 201, who manages various borrowed accounts related to the Defendant’s business while managing funds, such as the management of the profits and the expenditure of the total expenses of the instant singing stores operated by the Defendant.
B. Around September 13, 2010, the Plaintiff prepared a joint investment contract on September 13, 2010 with respect to the instant investment contract and the Plaintiff’s payment of investment money. Around September 13, 2010, the Plaintiff decided to invest KRW 15 million in the Defendant’s Section 2, Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant investment contract”). The Plaintiff and D made a joint investment contract on September 16, 2010 (hereinafter “instant investment contract”), stating that if the Plaintiff invests KRW 100 million, the Plaintiff’s name and the Plaintiff’s address and the Defendant’s agent are paid KRW 5 million each month as final profits. In the end, the Plaintiff’s name and the parties at the end indicated the name of the Defendant and the Defendant’s agent.
3) The Plaintiff transferred 85 million won, excluding 15 million won already paid, out of the investment funds under the instant investment contract, to the accounts in the name of D (CF). 4) After that, the Plaintiff received respectively KRW 5 million from the accounts in the name of D on October 21, 2010, KRW 5 million, KRW 2 million from the accounts in the name of D on December 9, 2010, KRW 2.5 million from the H account in the name of D on December 10, 2010, KRW 2.5 million from the accounts in the name of H on December 10, 2010, and KRW 5 million from the accounts in the name of I and J on December 31, 2010 and February 24, 2011.
C. The criminal judgment D against D shall be the money from many investors such as K and L with respect to each store from around 2009 to 2010 as investment funds.