약정금
1. The part against Defendant B among the judgment of the first instance is revoked.
2.On the basis of the selective claims added in the trial:
1. The following facts may be acknowledged by integrating the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 7, Eul evidence No. 1 and 2:
On May 31, 2018, the Plaintiff remitted KRW 96,890,00 to Defendant B, who recommended an encryption investment.
B. On June 2018, the Plaintiff demanded Defendant B to return the said money, and on June 21, 2018, Defendant B sent to the Plaintiff a Kakakao Stockholm message stating that “I have prepared to purchase the said money in addition to Tol that of the Tyth day. At present, the Plaintiff is a loss of KRW 6 million, and the principal amount is guaranteed as agreed.”
C. On June 28, 2018, the Plaintiff sent to Defendant B a Kakao Stockholm message stating “I may be commercialized at the beginning of September,” and on the same day, Defendant B sent to the Plaintiff a Kakao Kao Stockholm message stating “from the end of July on the ground that it is anticipated to recover this level from the end of July, and it is possible to recover KRW 80 million at the present moment, so it would be possible to realize profits. On the first day of September, the Plaintiff sent to the Plaintiff the same day.
On August 13, 2018, the Plaintiff sent to Defendant B a Kakao Stockholm message stating that “I will be prepared at the latest on August 20,” and that on the same day, Defendant B sent the Plaintiff a Kakao Kao Stockholm message stating that “I will know you will know you will come to the Plaintiff once more and more starting on the floor from the Saturday to the end of the Saturday, but I will easily recover the amount between the weekends and recover to the maximum extent possible.”
E. Defendant B transferred only KRW 600 to the Plaintiff by August 20, 2018, the Plaintiff demanded Defendant C and D, the parent of Defendant B, to return the said money. The agreement was drafted between the Plaintiff and the Defendants as follows:
(hereinafter “instant agreement”). The date and time of the agreement: PM 8:40.8 August 25, 2018