채무부존재확인
1. The Plaintiff’s financial account (C Bank D) on July 6, 2018 in relation to the Defendant’s application for remedy against damage to telecommunications financing fraud.
1. Basic facts
A. The Plaintiff opened an account (Account Number: D; hereinafter “the Plaintiff’s account”) for the currency transaction in the bank, as a company operating G, which is a transaction agent mediating the currency of the instant exchange (hereinafter “the instant exchange”). The Plaintiff, as a member of the instant exchange, made it possible for registered members of the instant exchange to use the instant Plaintiff’s account for the currency transaction.
B. E traded with the Plaintiff as its financial account (HI; hereinafter “the instant remittance account”) as a member of the instant exchange.
(c)
On July 6, 2018, the Defendant transferred KRW 30 million from the financial account under the name of the Defendant to the instant remittance account in the name of E, by deceiving the police officer, etc. of the Cyber Investigation Team, to the Defendant. From the instant remittance account under the name of E to the instant remittance account, the Defendant was used in the instant remittance transaction following the transfer of KRW 20 million out of the said money to the instant Plaintiff account (hereinafter “instant transfer money”).
(d)
After the above remittance, the Defendant applied for the suspension of payment on the ground that the account was used in Bosing to a financial institution. Accordingly, C Bank suspended payment of KRW 20 million out of the Plaintiff’s deposit money pursuant to the Act and subordinate statutes (Special Act on Prevention of Damage from Telecommunications Fraud and Refund of Damage).
【Ground for Recognition: Facts without dispute, Gap evidence Nos. 1-4, Eul evidence No. 1-2, the purport of the whole pleadings】
2. The gist of the Plaintiff’s assertion was that the Plaintiff was not involved in the instant Bosing crime, and the Defendant was not aware of the fact that the transfer of the instant transfer was made due to the Defendant’s criminal act of Bosing. Since the Plaintiff used the Korean won point equivalent to the amount deposited into the Plaintiff’s account as the purchase price for cryp currency, the Plaintiff did not gain unjust profits from the Defendant.
3. The decision-making system is unfair.