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(영문) 서울중앙지방법원 2020.09.17 2019가단5198929

채무부존재확인

Text

1. It is confirmed that each obligation described in the separate sheet between the Plaintiff and the Defendants does not exist.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a company operating an Exchange “G” (hereinafter “Plaintiff Exchange”) that trades encryption, such as Bitcoin, and H, I, and J (hereinafter “H, etc.”) is a member of the Plaintiff Exchange and is a person who has received a personal account after opening the said personal account.

B. The Defendants, such as the transfer of money, transferred each of the corresponding money to the K Bank account (L; hereinafter the “instant account”) in the name of the Plaintiff at the time of each time indicated in the attached Form to H et al. from the name misscising victims, and transferred each of the corresponding money to the K Bank account in the name of the Plaintiff (L; hereinafter the “instant account”).

C. After reporting damage to the police immediately after the aforementioned transfer, the Defendants, such as the suspension of payment, filed an application for remedy for damage with K Bank and other financial institutions pursuant to Article 3(1) of the Act on the Prevention and Refund of Telecommunications-based Financial Fraud, and K Bank and other financial institutions deemed the instant account as the account exploited for fraud and suspended payment pursuant to Article 4(1) of the same Act.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 10 (including a branch number), the whole purport of the pleadings (which is between the plaintiff and the defendant B, C, and E), and Article 150 (3) and (1) of the Civil Procedure Act

2. Determination on the cause of the claim

A. The Plaintiff’s assertion that the Plaintiff received money from the Plaintiff to the instant account and processed the money to the H et al. by depositing the money in the instant account is governed by the Exchange Service Agreement with H et al., and the money deposited into the instant account does not have any profit to the Plaintiff by exchanging and withdrawing it under the name of H et al., and H et al., and H et al. transferred the money to the instant account in its own name after filing an application for the money deposited into the Plaintiff’s own account established in the Plaintiff Exchange, and transferred the money in its own name to the instant account.