부당이득금
1. From February 14, 2019 to April 18, 2019, the Defendant: (a) KRW 20,100,000 to the Plaintiff; and (b) annually from February 14, 2019 to April 19; and (c) April 19, 2019 to the Plaintiff.
1. Facts without dispute;
A. Under an agreement with the Defendant, the Plaintiff invested in virtual currency by receiving KRW 200,000,000 from the Defendant under an agreement with the Defendant, ① KRW 40,000,000 on November 3, 2017, ② KRW 60,000,000 on November 27, 2017, ③ December 16, 2017, and KRW 200,000,000 on virtual currency. (2) The Plaintiff also invested in virtual currency by creating KRW 10,000 on November 27, 2017, ② KRW 50,000 on December 4, 2017, and KRW 60,000,000 on virtual currency.
3) The Plaintiff sold virtual currency via the Defendant’s account opened in C and D Exchange with a total of KRW 260 million. 4) The Plaintiff knew of the password relating to the Defendant’s account opened in C and D Exchange, and was able to make a transaction by accessing the said account at any time and using the said account. However, in order to conduct a transaction by using the Defendant’s account opened in D Exchange, separate certification number was required, and thus, it was traded by delivering the certification number received from the Defendant’s mobile phone, which is an employee.
B. The Defendant’s C account balance as of December 23, 2017, as of December 23, 2017, is KRW 120,1100,000 (turf less than KRW 100,000; hereinafter the same shall apply).
(2) The Defendant, from December 11, 2017 to December 12, 2017, withdrawn all the balance of the said D account on December 9, 2017, and the amount to be withdrawn = 195.1 million won in total = 100 million won in C account balance = 1220,11 million won in C account balance.
2. Judgment on the ground of the Plaintiff’s claim
A. 1) The primary cause of the claim is KRW 51,756,376, which the Plaintiff managed as the operator of the investment fund = The appraised as of December 4, 2017 as of December 4, 2017 (C) KRW 7,737,200 (C) as of December 4, 2017, the appraised as of December 4, 2017, KRW 44,815,00 (the calculation result according to the Plaintiff’s assertion, KRW 51,749,852) as of December 8, 2017, since the Defendant exceeded the amount of KRW 51,749,852 as of December 8, 2017.
and without any basis.