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(영문) 인천지방법원 2020.08.26 2019가단220945

약정금

Text

The Plaintiff

A. Defendant C’s KRW 47,00,000 and for this, KRW 15% per annum from May 17, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. On March 2018, the Plaintiff received a proposal to make DB-based investments from Defendant B, and invested KRW 50,000,000 on March 6, 2018, and KRW 17,000,000 (7,00,000 among them) on March 7, 2018, and KRW 10,000 on May 23, 2018.

B. Defendant B paid all the above investments to Defendant C around that time.

C. On July 2, 2018, the Plaintiff requested Defendant B to return the investment amount, and received 30,000,000 won from that female.

On September 2018, the Plaintiff received 671,428 DBco, which is equivalent to KRW 47,000,000, from Defendant C, as a virtual personal wall tag around September 201.

E. After that, the Plaintiff returned the entire DBcoin to Defendant C through Defendant B, and requested the refund of the price.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. Defendant B’s claim as to the cause of the claim is determined as to Defendant B’s obligation to return the investment amount to the Plaintiff. As Defendant B agreed that the Plaintiff would return the investment amount, Defendant B is obligated to pay KRW 47,000,000 to the Plaintiff.

B) Determination Gap evidence No. 3 (no signature or seal is affixed to the confirmation, the name of the defendant, but the fact that the defendant directly stated the defendant's resident registration number, address, and telephone number in the above confirmation based on the appraiser F's appraisal result, thereby recognizing the establishment of the petition;

According to the statement of “instant confirmation”, Defendant B may recognize the fact that on March 2, 2018, Defendant B agreed to return KRW 67,000,000 out of the investment amount to the Plaintiff, and thereafter, the fact that the Plaintiff invested KRW 77,00,000 in Defendant B is as seen earlier. Accordingly, Defendant B is liable to pay the Plaintiff the remainder after subtracting KRW 30,000,000 already returned from the investment amount agreed to be returned, and the delay damages therefrom. (2) Determination of Defendant B’s assertion has been distributed to the Plaintiff by the DB cocoin equivalent to the unclaimed investment amount.