logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.10.23 2018가단74459
투자금반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. Defendant B: (a) recruited investors of virtual currency; (b) managed funds by Defendant C; and (c) Defendant D, who is a father of Defendant B, engaged in the investment business of virtual currency by installing a program in the course of computer management.

The Defendants agreed that the Defendants shall be liable and return the Plaintiff’s investment money if the Plaintiff made an investment in virtual currency to the Plaintiff, as the Plaintiff is registered in the virtual currency exchange and the total amount of investment money can be cashed, around September 2018.

Accordingly, upon Defendant B’s request, the Plaintiff transferred KRW 51 million to the account in the name of Defendant C, and invested KRW 4.1 million in total by borrowing KRW 3.6 million to Defendant B by means of a card and paying KRW 5.1 million in cash.

However, even after September 2018, the Plaintiff’s investment money has not been registered in the commercialization exchange and the Plaintiff’s investment money has not been commercialized. Therefore, the Defendants jointly and severally are liable to pay to the Plaintiff the remainder of 5,210,000 won (55,100,000 won - 3,000 won) and damages for delay, excluding the partial return of the investment money.

B. On March 28, 2018, the Defendants, together with Defendant B and E, made an investment of KRW 10 million in F Coins, virtual currency, and purchased H Coins of G company from May 16, 2018, Defendant B, at the Plaintiff’s request, made a purchase by the said coin on behalf of the said coin, and there was no agreement that the said coin will be liable and returned to the Plaintiff if the Coins were not commercialized until September 2018.

In addition, there is no fact that Defendant C and D participated in the above investment with children of Defendant B.

2. First of all, Defendant C and D, along with Defendant B, will realize profits when registered with the Plaintiff on the virtual currency exchange on or around September 2018, and be able to encash the full amount of investment, so if not, Defendant B is responsible for it and return the Plaintiff’s investment money.

arrow