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(영문) 서울중앙지방법원 2020.05.19 2019나47140

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff (appointed)'s claim is dismissed.

3. The total cost of the lawsuit.

Reasons

1. The plaintiff's assertion that the defendant guaranteed a large amount of profit when purchasing virtual currency to the plaintiff and the selected parties, and that the principal will be guaranteed if there is no profit, the plaintiff paid 10,000,000 won to the defendant, 2,000,000 won to the selection parties C, 10,000 won to the Selection, 2,000,000 won to the Selection, 2,000,000 won to the Selection, and 2,000,000 won to the Selection E.

However, virtual currency sold by the Defendant had no value.

Therefore, the defendant is liable to compensate the plaintiff and the designated parties for the above amount of money and damages for delay due to the tort.

2. According to the records in Gap evidence No. 1, the fact that the plaintiff transferred 10,00,000 won to the account in the name of the defendant, the plaintiff's 10,000,000 won to the Appointors C, the Appointors Eul's 10,000,000 won to the Selection, and the Selection Eul's 2,00,000,000 won to the Selection, and the Appoints Eul's 2,00,000,000 won to the Selection. However, it is insufficient to recognize that the testimony by Gap evidence Nos. 2 and 3, and the testimony by witness G alone to guarantee the defendant's big profit in purchasing virtual currency and to guarantee the principal, and there is no other evidence to acknowledge this otherwise.

Therefore, as long as it is difficult to recognize that the defendant committed a tort against the plaintiff and the designated parties, it is not reasonable to further examine the amount of damages.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance is revoked and the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.