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(영문) 서울중앙지방법원 2019.08.13 2018가합577534
부당이득금
Text

1. The Defendant’s KRW 250,88,420 as well as the Plaintiff’s annual rate of KRW 5% from September 27, 2018 to November 19, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that operates the Cding Exchange, and the defendant is a member of the above Exchange (A: d.).

B. On May 18, 2018, the Defendant registered 10,500 encryptions via E with the Plaintiff Exchange.

C. On June 4, 2018, the Plaintiff paid 10 codings to the Defendant as a member member. D.

On September 6, 2018, the Defendant sold 510 codings through the Plaintiff Exchange, 1665.07519, 3334.92481, and 2031.697365 each through each of them, and the Plaintiff’s system errors continued to occur in the Defendant’s member accounts, and thereafter, sold 643,525.303547 successively until September 17, 2018.

E. The sale price of 10,510 codings (i.e., 10,50 items) that the Defendant registered or received normally is 3,094,57 won.

F. The Defendant acquired encryption proceeds from the Plaintiff Exchange, and remitted KRW 11,99,00 on September 19, 2018, at the Defendant’s Busan Bank Account (Account Number: G), KRW 19,99,00 on September 14, 2018, KRW 11,99,00, KRW 99,00 on September 7, 2018, KRW 12,99,00 on KRW 12,99,00 on September 8, 2018, KRW 16,99,00 on KRW 20,00 on September 22, 2018, KRW 12,99,00 on KRW 12,99,00 on KRW 20,000 on KRW 18,99,99,00 on KRW 99,00 on KRW 9,00 on September 14, 2018, KRW 90 on KRW 9,09;

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 5, 6, and 7, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is a malicious beneficiary who acquired encryption without any legal ground, and the defendant must return all of the monetary benefits acquired by disposing of the Fcding received as a system error to the plaintiff.

B. Since the defendant's assertion that he obtained benefits without any legal ground is the Fcding, he is only obligated to return Fcdings to the plaintiff according to the principle of return of originals.

On the other hand, the plaintiff is member member F. F.

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