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(영문) 서울중앙지방법원 2020.10.22 2019가단5198837

채무부존재확인

Text

The Plaintiff (Counterclaim Defendant)’s separate statement on Defendant B, Defendant C, Defendant D, and Defendant E, respectively.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a company that operates the “F” (hereinafter “instant exchange”) which is an encryption exchange.

B. The instant Exchange users are engaged in encryption transaction using the bank account under the Plaintiff’s name (GH; hereinafter “instant account”).

In other words, the instant exchange users, after transferring won currency to the instant account, manage the said funds through their own account opened in the instant exchange, and where the said funds are purchased with the said funds, the said funds are transferred to the account of the crypt seller and managed. The said seller may purchase another cryptism with the said funds or apply for cash withdrawal. In the event of an application for cash withdrawal, the Plaintiff transfers the said funds from the instant account to the account of the seller’s personal account.

C. On June 20, 2018, the name weaks committed the singishing crime against the Defendants and Nonparty I, which led the Defendants and the said I to transfer the amount of damage to their designated accounts.

After that day, they transferred KRW 10,00,000 from the account in which the amount of damage under Defendant B was remitted, KRW 21,000,000 from the account in which the said amount of damage was remitted, and KRW 36,00,000 from the account in which the amount of damage under Defendant C was remitted to the instant account using the account in the name of Nonparty J of the instant exchange, and KRW 50,000,000 from the account in which the amount of damage under Defendant D Co., Ltd (hereinafter “Defendant D”) was remitted to the instant account using the account in the name of Nonparty K of the instant exchange, and transferred KRW 3,00,000,000 from the account in which the amount of damage under Defendant E was remitted to the instant account using the account in the name of Nonparty L of the instant exchange.

On the same day, they purchased and withdrawn encryption from the exchange of this case using the above J, K, and L's account, and thereafter remain in the above J's account.