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(영문) 서울중앙지방법원 2020.08.13 2019나71709
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. According to the statement in Gap evidence No. 6, the Plaintiff recognized the fact that on December 10, 2018, the Plaintiff remitted 50 million won to the corporate bank account of F Co., Ltd. (hereinafter “the instant money”).

B. The plaintiff is a loan to the defendant who lent the money of this case based on the defendant's promise to introduce, recommend, and resolve the money of this case. Since the defendant expressed his intention to repay several times, the defendant is obligated to repay the money of this case to the plaintiff.

C. In light of the following circumstances, it is not sufficient to acknowledge that the monetary amount of this case was a loan to the defendant or the defendant expressed his intention to repay the monetary amount of this case, and there is no other evidence to prove otherwise.

① Even based on the Plaintiff’s assertion, the Plaintiff transferred the instant money to purchase virtual currency after having met D with the Defendant’s introduction. According to this, the instant money is an investment amount of virtual currency.

② The Defendant introduced D, informed the account to transfer the instant money to the Defendant, and merely registered as a major shareholder of F Co., Ltd. or a seller partnership (a travel and approval platform operated by the block chain platform). The instant money wired to F cannot be deemed as a loan to the Defendant.

③ The Defendant borrowed the instant money from the Plaintiff even in the transcript Nos. 4 and 5 (each transcript)

There is no content promising or promising to repay it.

C. Therefore, the plaintiff's assertion is without merit.

2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The decision of the first instance court with different conclusions is unfair, and thus, the defendant's appeal is accepted and revoked, and the plaintiff's claim is dismissed.

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