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(영문) 의정부지방법원 2019.11.14 2019나202604

약정금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. On January 24, 2018, the Plaintiff asserted that the Plaintiff remitted KRW 30 million to the Defendant as a means of investment.

On August 16, 2018, the Plaintiff requested the Defendant to return the investment amount of KRW 30 million,00,000 to the Defendant, and the Defendant agreed to return the investment amount of KRW 30,000,000,000 to the Defendant.

Preliminaryly, if the Defendant remitted 30 million won from the Plaintiff to the C Linked Account and did not purchase 30 million won with the said money, it is merely false for the purpose of acquiring money from the Plaintiff from the beginning. If the Defendant stored bitcos purchased from the Plaintiff and then arbitrarily consumed them without purchasing bitcos again, it constitutes embezzlement. Thus, the Defendant is obligated to pay 30 million won for tort to the Plaintiff.

B. According to Gap evidence No. 2 and evidence No. 3-1 to 3 of the judgment on the primary claim, the defendant stated to the plaintiff that "if you do so, how 30,000 won the president would be up to 30,000 won?" and the defendant stated that the period should be promptly changed to 30,000 won, it is difficult to reach the deadline for the plaintiff's request due to various circumstances, and it is recognized that the period should be further needed.

On the other hand, in full view of the facts without dispute, evidence and the purport of the entire pleadings, the Plaintiff did not appear to have agreed to guarantee the principal of the Plaintiff at the time of the first presentation of the investment amount of KRW 30 million, and the Defendant, which requested the return of the investment amount, stated to the Plaintiff as follows: “Irrrrt Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had