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(영문) 광주지방법원 2020.08.18 2018가단13078

대여금

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1. The Defendant’s KRW 6,391,00 for the Plaintiff and its related KRW 5% per annum from June 26, 2018 to August 18, 2020.

Reasons

1. The Defendant recommended the Plaintiff to make an investment by stating to the effect that “The Defendant made an investment in Bitcoin, thereby creating profits by trading Bitcoin, with only one unit of Bitcoin KRW 1,200,00,00 per day, and the profits up to USD 7 per day per old unit enter, with a continuous payment of 300 days, and with a payment of the investment principal, without conditions within three months.”

However, in fact, it is unclear whether high-income can be continuously paid to bitcos transactions by the computer called C.

In addition, the defendant is operating the fund by the so-called return method that a significant portion of the investment funds received from new investors, such as the plaintiff, are paid to existing investors as profits, and as long as the investors do not rapidly increase, it was difficult to return the investment principal.

On January 17, 2018, the Plaintiff transferred KRW 33,600,000 to the Defendant’s account, KRW 13,200,000 on February 14, 2018, and KRW 2,000,00 on March 8, 2018, and received directly from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff asserts that KRW 13,60,000, which the Plaintiff remitted to the Defendant on January 17, 2018, KRW 13,200,000, which was remitted on February 14, 2018, and KRW 2,80,000, which was remitted on March 8, 2018, and KRW 48,80,000, which was remitted on March 8, 2018, was the Plaintiff’s investment. The Defendant asserted that the Plaintiff was the money that was remitted on February 14, 2018, KRW 13,20,000, which was remitted by the Plaintiff, was the money invested by D, and KRW 2,00,00,000, which was remitted on March 8, 2018.

According to the statement in Gap evidence No. 4, the fact that the victim of each of the above money is stated as the plaintiff can be acknowledged in the judgment of the criminal case against the defendant, etc.

However, according to the statements in Gap evidence 2-10, 14, and 17, in the above criminal case, the plaintiff testified that the above KRW 13,200,000 as D and the above KRW 2,00,000 as E invested money, and ② D are solicited to make an investment from the defendant.