부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence 1 to 3:
The defendant is a virtual currency exchange that provides brokerage or trading services in connection with virtual currency transactions.
B. On October 16, 2017, the Plaintiff transferred KRW 10 million to a deposit account in the name of the Nonghyup Bank Co., Ltd. under the Boishing Fraud Act.
C. After the aforementioned remittance was made, KRW 15 million was remitted to the Defendant from the deposit account in B’s name.
2. The assertion and judgment
A. On October 16, 2017, the Plaintiff’s summary of the Plaintiff’s assertion transferred KRW 10 million to the Defendant’s virtual currency account from the deposit account in the name of Nong Bank, Inc. under the Bosing Fraud Act. The said money transferred from the said deposit account in the name of No. B to the Defendant’s virtual currency account.
At present, there remains a balance of KRW 28,215,071 in the defendant's virtual currency account, and the defendant withdrawn KRW 10 million from the above virtual currency account, including the plaintiff's above KRW 10 million, as bitco, and actually gains without any legal ground.
Therefore, the Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment equivalent to the above remittance amount of KRW 10 million and damages for delay.
B. It is not sufficient to acknowledge that the entries of Gap evidence Nos. 1 through 4 (including branch numbers) have obtained the same benefit as the plaintiff's assertion without any legal ground, and there is no other evidence to prove otherwise.
Rather, the fact that the Defendant is a virtual currency exchange that provides intermediary or trading services in connection with the trading of virtual currency is as seen earlier, and the following circumstances that can be known by adding up the evidence and the entire purport of pleadings as seen earlier, i.e., the money obtained by the victim, such as the Plaintiff, through the B’s account, are virtual currency in the name of the Defendant under B.