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(영문) 대구지방법원 2019.11.21 2019가단7898
대여금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Upon the introduction of the Defendant, the Plaintiffs (Additionalrs) decided to make an investment in D, which is an investment company of virtual currency.

B. The Plaintiffs paid to the Defendant money without knowing the investment method itself. The Plaintiffs sent KRW 12,00,000 to the Defendant on January 14, 2019, and KRW 24,000,000 to Plaintiff B on January 18, 2019, and KRW 20,000,000 to each Defendant’s account on February 19, 2019.

C. The defendant invested the money in D in the name of the plaintiffs, and the D account of the plaintiffs' name was also transferred to the plaintiffs.

Some of the dividends from D also have the fact that the defendant transferred to the plaintiffs.

E. D received money from investors under the pretext of allocating profits by investing in virtual currency. While the head office is being introduced as an investment company specializing in virtual currency in the United States and is located in the United States, it is suspected that all accounts are closed at the time of the closing of the argument of the instant case and is in a state that they do not withdraw, and that it is a multi-level financial feed private company.

[Ground of recognition] A without any dispute, Gap evidence 1-3, Eul evidence 1-5-1 through 5, and 2-1 through 3, witness E's testimony, and the purport of whole pleadings.

2. Grounds and determination of the plaintiffs' claims

A. A. He listens to the opinion that the Defendant cannot withdraw the money due to the problem arising in D, which is the cause of the claim of the Plaintiffs, and held the Defendant accountable, and the Defendant promised to pay the principal of the investment to the Defendant, thereby claiming the return of the principal of the investment.

B. There is no evidence to prove that the plaintiffs agreed to pay the principal invested by the plaintiffs to the defendant.

3. Conclusion, the plaintiffs' claims of this case cannot be accepted, and all of them are dismissed.

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