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대구지방법원서부지원 2019.10.17 2019가합525

손해배상(기)

Text

1. The Defendant’s KRW 300,000,000 as well as 5% per annum from February 3, 2019 to August 22, 2019 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. According to the statements in Gap evidence Nos. 1 and 2, the plaintiff entrusted the defendant with KRW 300 million on February 2, 2018, the plaintiff entrusted the defendant with the operation and trading of virtual currency, and the defendant distributes profits therefrom, and the period of entrustment is determined by February 2, 2019 (hereinafter "the contract of this case"), and the plaintiff entrusted the defendant with KRW 300 million around that time.

B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 300 million entrusted and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 3, 2019 to August 22, 2019, the delivery date of a copy of the complaint in this case, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

(2) The Plaintiff’s remaining selective claims are the purport of seeking a judgment on the remaining selective claims in the case where there are parts not cited on the basis of the principal of the claim amount, and it is reasonable to view that the remaining selective claims are not the purport of seeking a judgment on the remaining selective claims even in the case where the damages for delay, which are merely the incidental claims, are not cited. Therefore, as seen earlier, once referring to the entire principal of the claim for the refund of the entrustment amount on the ground of the expiration of the contract period of this case, the Plaintiff’s remaining selective claims are cited within the scope of the above recognition, and the remaining claims are dismissed as they are without merit