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(영문) 의정부지방법원 2020.08.13 2020가단322
투자금반환
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1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The gist of the plaintiffs' assertion is that the defendant, when investing in Bitcoin, could obtain at least two to three times profits from the investment. As such, the defendant solicited the investment “,” and the plaintiff B believed this, paid to the defendant KRW 5,00,000 on June 21, 2017, and KRW 24,750,000 on June 23, 2017.

However, immediately after that, the defendant rejected the plaintiffs' request for the return of the investment amount from June 2019, and there is no contact with the plaintiffs from around June 2019.

As a result, the defendant deceivings the plaintiffs to acquire money under the pretext of investment, and thus, claims the payment of the corresponding amount.

2. According to the evidence Nos. 1-1 and 2-2, the fact that Plaintiff B transferred KRW 15,00,000 on June 21, 2017, and Plaintiff A transferred KRW 24,750,00 on June 23, 2017 to the financial account under the name of the Defendant is recognized.

However, the Defendant did not receive investments from the Plaintiffs, but did not make joint investments between the Defendant and the Plaintiffs, and did not have any responsibility to pay or return the investment amount to the Plaintiffs (which appears to have delivered all the money received from the Plaintiffs to Company D). In addition to the respective descriptions of the evidence Nos. 2 and 3 submitted by the Plaintiffs, the Defendant acquired the said money by deceiving the Plaintiffs.

The plaintiffs are not simply remitted to the defendant for the delivery of investment funds, but it is not sufficient to recognize that they paid investment funds to the defendant, and there is no other evidence to acknowledge it.

3. Conclusion, the plaintiffs' claim against the defendant is dismissed as it is without merit. It is so decided as per Disposition.

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