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(영문) 서울동부지방법원 2020.03.18 2018가단140426
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. The Defendant asserted that the Plaintiff was a party to D Company, and then, around the same day, the Defendant: “In the previous world’s virtual currency exchange, the Plaintiff could pay profits without regard to the principal due to financial transactions using Schlage’s computers, and if the Plaintiff becomes a member of D, he/she may impose a larger amount of money.” On November 6, 2017, the Defendant sent the Plaintiff’s horse to the Plaintiff. On the same day, the Plaintiff, who was urged, remitted KRW 106,000,000 to the Plaintiff B; on the same day, the Plaintiff transferred KRW 1,003,200 to the Defendant, together with the money transferred by the Plaintiff from the Plaintiff, KRW 107,003,000.

In other words, around November 24, 2017, the defendant explained to the plaintiffs about the method of pursuing D's revenues, etc. and made it possible for the above company's own developers to proceed with the ICCO on or around March 2018. Thus, the ICO did not proceed until August 2018. The defendant was requested to return money from the plaintiffs, but rejected the request.

Even if the plaintiffs make investments in D, the defendant deceivings the plaintiffs without the intent or ability to exchange their profits, and refuses to return them after receiving KRW 107,003,200 from the plaintiffs, thereby taking over KRW 106,00,000 from the plaintiff A and KRW 1,003,200 from the plaintiff B, so the defendant is liable to compensate the plaintiffs for each of the above money obtained from the plaintiff.

2. Therefore, it is not sufficient to recognize the fact that the defendant deceivings the plaintiffs on the basis of each of the items of evidence Nos. 1 and 5, and there is no other evidence to acknowledge it. Therefore, the above assertion by the plaintiffs is without merit without further review.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claim of this case is without merit.

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