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Reasons
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(영문) 춘천지방법원원주지원 2019.12.18 2019가단51767
투자금반환
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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. The Plaintiff’s assertion around June 2017, Defendant B solicited the Plaintiff to make an investment “to receive a high profit if it makes an investment to Defendant C,” and deposited money in the account in the name of Defendant D, the mother of Defendant C, and Defendant C transferred the Plaintiff a total of KRW 118,753,00,00 to the Plaintiff around August 2017.

The plaintiff demanded the return of the above investment amount to be returned by the defendants, and thus the plaintiff's return of the remaining KRW 10,149,356, except for the amount of KRW 8,603,644, which the plaintiff received interest as to the above investment amount.

(A) On June 3, 2019, the Plaintiff made a statement to the effect that the amount transferred by the Plaintiff to the investment amount is KRW 100,550,00,00, and that the amount of interest received is KRW 18,887,913, which is the difference, KRW 81,62,087, which is the difference, but did not reduce the purport of the claim).

Defendant C and B’s assertion that they also invested money in the company related to the virtual currency of “E” (hereinafter “E”), and they introduced investments made by the Defendants to the Plaintiff and provided, at the Plaintiff’s request, computer work necessary for the registration of account or deposit, etc., and they did not receive any investment from the Plaintiff, and they cannot respond to the Plaintiff’s claim as they were closed on September 11, 2017. Defendant C and B asserted to the effect that they do not have any relation to the Plaintiff’s request, except that they permitted the Defendant C, who is the Plaintiff, to use the account name.

2. Determination

A. According to each of the statements in Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 through 3, the plaintiff has the same year from July 21, 2017.

9. The sum of KRW 100,550,000 by up to April 21, 200 is under Defendant D’s name.

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