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(영문) 수원지방법원 2020.09.10 2019가단569142
대여금
Text

1.(a)

Defendant C and D jointly share KRW 44,156,194 with respect to the Plaintiff and the day of full payment from July 3, 2020 to the day of full payment.

Reasons

Judgment on the claim against Defendant B

A. On November 21, 2017, Defendant B asserted that the Plaintiff’s claim for tort or unjust enrichment return claim (main claim) was based on multi-level and quasi-level fund-raising scheme, and Defendant B engaged in the Plaintiff’s business, E, and the amount of principal is recovered after one year from the entry of bitcos in an amount equivalent to KRW 200,000 per day. The Plaintiff introduced Defendant B’s explanation of the investment and transferred KRW 50,00,00 to Defendant D’s account on November 22, 2017. However, the Plaintiff’s assertion that the profit or principal guaranteed by Defendant B was not recovered and that there was no economic value. As can be seen, Defendant B was unaware of the Plaintiff’s intent or ability to pay the profit or principal even if having received the investment money from the Plaintiff, and there was no other evidence to acknowledge that the Plaintiff received the remainder of the amount of damages due to Defendant B’s fraudulent act, excluding the Plaintiff’s intent or ability to return it to Defendant B, and there was no other evidence to acknowledge the Plaintiff B’s payment for fraud.

B. According to the reasoning of the evidence Nos. 1, 2, 3, and 7 as to the claim for the agreed amount (preliminary claim) and the purport of the entire pleadings, Defendant B recommended the Plaintiff, a workplace partner, to make a virtual currency investment, and the Plaintiff invested Defendant C and D in 50,000,000 upon introduction by Defendant B, and thereafter.

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