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(영문) 부산지방법원 2020.12.24 2020나1704

약정금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 2018, the Defendant introduced D, which is a virtual currency of C, to the Plaintiff (hereinafter “instant co-owner”).

B. On March 26, 2018, the Plaintiff decided to make an investment in the said Co-owner, and transferred KRW 10,000,000 to the Defendant’s corporate bank account. The Defendant, immediately after receiving the said money, remitted the same amount of money to the said company’s account.

Since then, the Plaintiff received 10,000 co-owners of this case.

C. Although the co-owner of the instant case was originally planned to list on May 2018, the list was not held until the closing of the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 8 and 14, the purport of the whole pleadings

2. The Plaintiff, at the Defendant’s request, invested in the Coin of this case. Unlike the Defendant’s explanation, at around May 2018, the Plaintiff requested the Defendant to return the invested principal because it did not have the listing of the Coin of this case and did not wish to recover the invested principal. The Defendant asserted that the Defendant promised to pay the invested principal, and that the Plaintiff sought payment of KRW 10,000,000 of the invested principal and delay damages.

According to the purport of the whole facts and arguments, 10,000,000 won that the Plaintiff remitted to the Defendant is the investment money to the coin of this case, and C is deemed to have received the final payment.

그러나, 갑 제3, 5호증, 을 제7호증의 각 기재에 따르면, 피고는 원고에게 2018. 11. 22.에는 “돈을 만들어 보겠습니다”, 2018. 12. 3.에는 “일단 2달 안에 원금 만들어 드릴께요. 원금은 믿으세요. 드립니다. 제가 결정하면 하늘이 무너져도 제가 지킵니다”라는 내용의 메시지를 발송하여 이 사건 코인에 대한 투자원금을 지급하겠다고 명시적으로 의사표시를 하였으므로, 피고가 원고에게 이 사건 코인에 대한 투자원금을 지급하기로...