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(영문) 부산지방법원서부지원 2020.11.05 2019가단1730
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 2017, the Plaintiff’s assertion that “If the Plaintiff invests 25 million won of the virtual currency extraction machine in the amount of KRW 82.5 million per 1 unit, it is possible to recover the principal after about 3 months since a monthly profit was generated,” from Defendant B, from Defendant B, to Defendant B of the Busan High-gu Busan High-gu D Building E, and that “if the Plaintiff invests 2.5 million won per unit, it is possible to recover the principal after 20 million won per month,” the Plaintiff’s assertion that the amount of investment is paid to Defendant C with the account of F Co., Ltd. (hereinafter referred to as “F”) in which Defendant C is a representative director.

7.25. 25. 9.9 million won and 49.5 million won were remitted.

However, the defendants used the money received from the plaintiff to purchase interest rates, but did not recover the interest rates.

The Defendants: (a) knew in collusion that they would not receive investment profits, and (b) knew that they would be able to obtain profits through the source of extraction and recover the principal; and (c) they acquired 82.5 million won from the Plaintiff; and (b) the Defendants, as joint tortfeasor of the act of receiving money similar to that of fraud, should jointly pay the Plaintiff the amount of KRW 82.5 million and damages for delay.

2. According to each of the statements in Gap evidence Nos. 1-1 to 3, the fact that the plaintiff remitted the sum of KRW 82,50,000 to F is recognized, but it is not sufficient to recognize that the defendants conspired to make the plaintiff's investment recommendation and engage in the act of fund-raising without delay prohibited by the Act on the Regulation of Conducting Fund-Raising Business, and there is no other evidence to prove that the defendants deceiving the plaintiff to acquire 82,50,000 won and received 82.5 million won without delay.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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