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(영문) 대구지방법원 2020.05.27 2019가단113267
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant G Co., Ltd. (hereinafter “Defendant Company”) operates the coding exchange between “J”.

Defendant H is the representative of Defendant Company and J Exchange, and Defendant I is the auditor of Defendant Company.

B. On January 2019, the Defendant Company created the encryption of “K” which can be used by the J Exchange, and conducted prior sales prior to the opening of the J Exchange and the listing of the K Exchange by providing that “ if the fact of holding at least once a week is verified at the time the Defendant Company arbitrarily set forth, K holders shall receive a certain amount of the transaction fees in Korean currency (hereinafter “distribution”) from the J Exchange, and the holder may receive K equivalent to a certain amount of the transaction fees used for the transaction.”

The Defendant Company sold at the same price 3,000 K 750,000 for the first pre-sale, and 50,000 for the second pre-sale.

C. Accordingly, Plaintiff A purchased K 33,368 KRW 100,000, and Plaintiff B purchased KRW 7,000 for KRW 21,000,000 for Plaintiff C, KRW 5,000 for KRW 15,00,000 for Plaintiff C, and KRW 3,334 for Plaintiff D and E, KRW 10,000 for KRW 10,000 for KRW 10,000, and KRW 1,67 for Plaintiff F for KRW 5,00,00 for each of them.

On February 25, 2019, the Defendant Company listed K in the J Exchange at KRW 5,000 per opening, but the price of K rapidly lowered to KRW 1,700 per opening on the date of listing, and thereafter lowered to KRW 70 per opening on March 27, 2019.

E. Meanwhile, on February 23, 2019, the Defendant Company issued the encryption of “L” itself and announced that it sold “1L = 0.004 K at the price.”

Accordingly, on February 25, 2019, Plaintiff A purchased L 30,047, Plaintiff B purchased 4,000, and Plaintiff E purchased 2,334.

However, on February 26, 2019, the defendant company revoked the sale of Lcoin and returned K which the above plaintiffs paid.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 22 through 30, the purport of the whole pleadings

2. The plaintiffs' assertion

A.K shall be the Financial Investment Services and Capital Markets Act.

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