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(영문) 광주지방법원 2020.07.08 2018가단12785

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 62,00,000 and the interest rate of KRW 12% per annum from June 21, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. At the D office located in Seo-gu, Seo-gu, Gwangju, in January 2018, the Plaintiff: (a) sought profits from the Defendant and E by trading in Bitcoin with the Bitcoin; (b) the Eibco Schlage 1,200,000 won per day; and (c) the profits of 7,000,000 won per day from the Gu; (d) the 1stcoin 1,200,000 bitcoin 1,000,000 won per day; and (e) the principal of the investment is payable for 300 consecutive days; and (e) remitted the amount of KRW 48,00,000 to the Defendant’s Nonghyup account. < Amended by Act No. 1530, Feb. 24, 2018; Act No. 15374, Feb. 22, 2018>

B. However, in fact, it is unclear whether the Defendant may continue to pay high-profit profits from bitcoin transactions, and since considerable amount of money received from an unspecified number of investors as investment funds was paid to the investors requesting the payment of profits from investment, it was eventually impossible to pay the investment principal to the investors, as the subordinated investment funds do not increase in water supply.

C. The Defendant thereafter paid KRW 10 million to the Plaintiff as a profit.

The Defendant, the head of the D Standing branch office, E, and the above regular branch office, which is a virtual currency investment company, made investments in the Plaintiff et al. in Bitco. The Defendant: (a) conspired with the Plaintiff et al. to create profits by trading the Bitcoin; (b) 1,20,000 bitcos per day; and (c) up to 7,000 bitcos per day; (d) continuously paid profits for 300 days; and (e) the principal of the investment is unconditioned within 3 months; and (d) he does not come to know. On the recommendation of subordinated investors, the Defendant received the principal amount from the Plaintiff et al. on December 28, 2017 to March 8, 2018; and (b) obtained the same money from the Plaintiff et al. to the same day; and (c) obtained the same as a bitco’s receipt; and (d) obtained the same by means of a similar act of receiving the money.