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(영문) 의정부지방법원 2019.12.17 2019나200721
손해배상(기)
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion (1) was recommended by the Defendant, the top-tier business operator C, to purchase the extraction equipment on or around June 28, 2017, and entered into a sales contract for the extraction equipment with the Defendant, and accordingly, paid a total of KRW 136 million and KRW 36 million to the Defendant on six occasions from July 1, 2017 to August 4, 2017.

However, the defendant did not deliver to the plaintiff any interest accrued from the mining equipment and the mining equipment according to the above sales contract, so the above sales contract is revoked, and the defendant claims the return of the above sales price of KRW 136,80,000 to the defendant.

(2) The Defendant is merely a superior business operator, among the persons participating in C’s projects. Since the Defendant purchased the extraction equipment from C, and thereafter intended to obtain CP (CP) according to the compensation program provided by C with C by recruiting subordinate business operators and raising the performance, the Defendant did not conclude a sales contract with the Defendant.

The plaintiff voluntarily participated in C's business, and the defendant received total of KRW 79.8 million from the plaintiff and delivered it to C, and some of the money transferred by the plaintiff was remitted directly to D, E, etc. by the plaintiff.

The Defendant, E, etc. delivered the money received from the Plaintiff to C, thereby having actually registered 22 of the extraction machine in the Plaintiff’s account, and thereby, the Defendant fulfilled all obligations.

(b)The facts of recognition (1) C has a business model that, as a U.S. legal entity, purchases and entrusts the management of encrypted mining equipment with funds raised from its members by multi-level recruitment of multiple members, and operates the extraction equipment, and pays the mining output to its members for profit.

In order to manage and operate C’s computer system for such projects and to exercise overall control over customer management, F Co., Ltd. was established on January 17, 2017, and otherwise, G Co., Ltd.

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