beta
(영문) 청주지방법원 2018.07.19 2016가단18555

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 12, 2015, the Plaintiff transferred KRW 10 million to the Defendant KRW 3,500,000,000 to KRW 48,000,00 per single time, and KRW 13,000,000,000 to the Defendant immediately thereafter, the Plaintiff received KRW 2 million and KRW 5,400,00 from the Defendant.

【Ground of recognition】An absence of dispute, entry of Gap evidence 1-1, 2-2, and 2

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff transferred the money to the Defendant on October 12, 2015, as the Defendant’s phrase, “the Plaintiff would return money to the Defendant up to August 31, 2016 after adding the interest at least twice the remittance amount upon the transfer of money to the virtual currency business.” The Defendant, without a business entity, by taking advantage of the illegal act of receiving money under the Fraud Act, preventing a return of the final profit by inviting new investors and paying the final profit to the existing investors. This was the remittance by the Defendant’s deception, and there is no legal relationship that is the cause of the account transfer between the Plaintiff and the Defendant. However, the Defendant acquired a deposit claim equivalent to the remittance amount, and the Defendant is obliged to pay the Plaintiff the amount of money obtained through fraudulent enrichment or the amount of money obtained through deception and damages for delay.

B. Defendant’s assertion 1) The Defendant explained the business of the company to the Plaintiff as a personal business operator registered in the Dispute Resolution Co., Ltd. with the business purpose of the virtual currency sales brokerage and inter-coin exchange business, and after hearing sufficient explanations from the representative director D, the Plaintiff deposited KRW 48 million into the Defendant passbook with the Defendant. 2) The Defendant paid KRW 7,400,000 to the Plaintiff as the amount transferred from the Plaintiff according to the company’s instructions, and deposited KRW 33,789,00,000, after deducting the Defendant’s office cost of 6,832,000, as stipulated in the company’s regulations.

3. The amount of KRW 48 million invested by the Plaintiff is paid for virtual currency equivalent thereto, at the request of the Plaintiff.