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(영문) 서울남부지방법원 2020.07.02 2020가단205862

기타(금전)

Text

1. The defendant delivered 1.97194584 to the plaintiff.

Compulsory execution against the above Bitcoin.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 6, the defendant is a company operating C, the plaintiff is a user who joined C and engages in crypt trade. The plaintiff deposited 2,8503588 bitcoon on August 21, 2018 on the defendant's BTC (hereinafter "BT")'s bitcoin, and the defendant's bitcoon as of January 13, 2020 remains 1.97194584 bitcoon on the defendant's bitcoon as of January 13, 2020. The plaintiff asked the defendant about January 12, 2020 to prohibit bitcoon from entering the defendant's bitcoon, and the defendant did not know that the bitco and the plaintiff's response cannot be withdrawn until now to the purport that the bitco cannot be withdrawn. < Amended by Act No. 6134, Jan. 13, 2020>

According to the above facts of recognition, the defendant is obligated to deliver 1.97194584 bitco to the plaintiff.

B. Furthermore, if it is impossible to execute the duty of delivery of the above Bitcoin, the defendant is liable to pay as compensatory damages the amount equivalent to the market price of the above Bitcoin to the plaintiff.

On June 4, 2020, the date of the closing of argument in this case, the domestic market price of Bitcoin around June 4, 202 is 11,37,00 won per unit. The defendant is obligated to pay to the plaintiff the amount calculated by converting the amount of 9,830,296 won per unit to the plaintiff within the market price of the above Bitcoin, within the scope of the market price of the above Bitcoin.

2. On the judgment of the Defendant’s assertion, the Defendant: (a) has a lot of temporary restrictions on the entry and withdrawal according to the exchange circumstances due to the characteristics of the encryption market; and (b) at the time when the Plaintiff intended to prohibit bitcos from withdrawing the bitcos by hacking; and (c) in such cases, the Plaintiff’s site operated by the Defendant was prevented from withdrawing the bit