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(영문) 대전지방법원 2020.06.19 2019나1594
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserts that, while soliciting the Plaintiff to make an investment in virtual currency coins, the Defendant would be liable and invested a sum of KRW 30 million in trust and trust, and that, among which, the Plaintiff failed to recover KRW 23.5 million, the Defendant should pay KRW 23.5 million and damages for delay.

In full view of the purport of the entire pleadings in each testimony made by the witness C and witness D of the first instance court and the first instance court, Gap's evidence Nos. 1 through 7, Eul's evidence Nos. 5 and 6, and the purport of the entire pleadings, the plaintiff remitted the total amount of KRW 30 million to the defendant, including KRW 4 million on May 10, 2016, KRW 16, KRW 13 million on July 16, 2016, KRW 13 million on July 22, 2016, KRW 20 million on July 22, 2016, ② deposited the above money received by the defendant from the plaintiff to the investment company, such as EF, and G at that time, ③ from August 9, 2016, the plaintiff received dividends of KRW 2010,00 on nine occasions from the above company, ④ from the plaintiff urging the defendant to return the investment amount several times.

However, the evidence presented in the first instance and the first instance trial alone is insufficient to recognize the fact that the defendant agreed to return the investment amount that the defendant failed to recover to the plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

2. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is justified, and it is so decided as per Disposition.

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