부당이득금
1. The defendant shall pay 43,00,000 won to the plaintiff and 12% per annum from the day this judgment became final to the day of complete payment.
1. Facts of recognition;
A. The Defendant’s status C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is a company with the objective of selling, publicizing, marketing, etc. of “progrcoin,” which is an encryption, and the Defendant is a company managing and operating the B Exchange website (hereinafter “instant Exchange”) that trades cocoin, including “progrcoin.”
B. The Plaintiff, including the Plaintiff’s use of the instant exchange, deposited the instant virtual currency transaction from January 2009 to September 23, 2019 through the instant exchange. According to the direction of the instant exchange, the Plaintiff deposited the investment money into the financial account under the name of the Defendant and the Nonparty Company E, the representative director of the Defendant and the Nonparty Company, from April 201 to May 2019, and after May 25, 2019, deposited the investment money into the financial account under the name of the Nonparty Company, and traded the instant exchange within the instant exchange.
C. From September 23, 2019 to October 29, 2019, the Plaintiff requested the Defendant to pay KRW 43,090,261, a sum of the balance of the Plaintiff’s account in the instant exchange, to the Defendant. The Plaintiff failed to receive a refund of the money in the atmosphere of the withdrawal by the closing date of the instant argument.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1 through 6, Eul evidence 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion against the Defendant, the managing body of the instant exchange, sought a refund of KRW 43,00,000 in won out of the balance of the Plaintiff’s account in the said exchange.
In regard to this, the Defendant did not have the obligation to return the above money because it is not the non-party company, the other party to the transaction contract, which is the proteco in the instant exchange, and the Defendant has the duty to pay only the difference between the money deposited by the Plaintiff in the financial account in the name of the Defendant for the transaction of virtual currency and the deposited money.
B. We examine the judgment, and the purport of the entire pleadings as to the facts acknowledged earlier.