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(영문) 청주지방법원영동지원 2020.07.10 2019가단4358
부당이득금
Text

1. The Defendant’s KRW 10,360,00 for the Plaintiff and KRW 5% per annum from August 1, 2019 to October 10, 2020.

Reasons

1. Facts of recognition;

A. On June 7, 2019, the Defendant posted a letter on the virtual currency-related C (hereinafter referred to as “C”) to which the Defendant subscribed, stating that “The Defendant shall seek a person to purchase virtual currency as agent,” and proposed that “The Defendant will purchase the virtual currency in China, as it is impossible for the said person to smoothly purchase it, 3% of the investment amount per share will be paid as commission.”

B. On June 7, 2019, in order to obtain a refund loan to the Plaintiff, a new loan has to be made by a certified judicial scrivener because the maturity of the existing loan has not yet been the maturity. It is possible for the Plaintiff to receive a loan by a credit card loan based on the Plaintiff’s passbook because there is no money in the Plaintiff’s passbook. In other words, a loan will be made by the card loan based on the Plaintiff’s passbook. In other words, a transfer was made to the company bank in the name of the certified judicial scrivener, who will be deposited with the E card, KRW 13.8 million borrowed from the E card, and KRW 38 million borrowed from the F card.

C. On June 8, 2019, the Plaintiff, according to the direction of the person who was unable to obtain his/her name, remitted the amount of KRW 20 million to the Defendant’s corporate bank account (hereinafter “instant account”), around 09:24, and around 09:58 on the same day, KRW 31.8 million.

The Defendant transferred KRW 51.8 million deposited in the instant account (=20 million won) to a virtual account granted by G Co., Ltd. (hereinafter “G”) for trading virtual currency. After purchasing virtual currency with the said money, the Defendant transferred KRW 170.17 Ghana (=65.57 Ghana) to the account designated by the bearer of the name.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1 to 7 (including Serial number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the claim for restitution of unjust enrichment

A. The plaintiff's assertion is the ground for account transfer.

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