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(영문) 서울중앙지방법원 2020.10.22 2019나65988
부당이득금
Text

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. From June 2015, the Plaintiff: (a) performed investment business of “Ccoin” in D Co., Ltd. from around June 2015, on behalf of the Plaintiff, on behalf of the Plaintiff, with respect to the business of “Ccoin” in virtual currency, such as public relations, attracting investors, collecting investment funds, and selling Ccoin.

The non-party company was 1.3 million won per unit of investment, and when the plaintiff attracts investors, the non-party company paid fees, etc. accordingly.

B. On June 30, 2015, the Defendant, a deaf-mute, recommended the Plaintiff to make a CCoin investment, and remitted 1.3 million won per unit to the Nonparty Company on the pretext of investment.

On the end of 2015, the Plaintiff created a trobb electronic wallets in the name of the Defendant (hereinafter “instant electronic wallets”) and on January 19, 2016, 40,945 CCos were transmitted from Nonparty Company to the instant electronic wallets.

At the time, the Plaintiff informed the Defendant of the address, ID, password, restoration key, etc. of the instant electronic wall tag (hereinafter referred to as “instant electronic wall tag information”).

C. On March 31, 2016, the Defendant, upon the Plaintiff’s recommendation, transferred one million won to the Plaintiff’s account by having the Plaintiff make an investment in the CCoin of the non-party company with the Plaintiff.

On April 4, 2016, the Plaintiff sent 51,012 CCoin to the instant electronic wallets, and at the time, 91,957 Ccoin was kept in total on the instant electronic wallets.

However, the Defendant invested in CCo through the Plaintiff, but was not aware of the method of use of electronic wallets or Ccoin’s transaction method, and was not aware of the accurate quantity of Ccoin invested by the Plaintiff.

On January 2018, when the price of CCoin sharply increased, the defendant requested the plaintiff to sell the Ccoin's investment.

Accordingly, the Plaintiff’s total sum of KRW 9 million on January 9, 2018, KRW 30 million on January 16, 2018, and KRW 68,167,970 on March 9, 2018, and KRW 68,167,970 on March 9, 2018.

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