(영문) 광주지방법원순천지원 2019.06.05 2018가단81834

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(영문) 광주지방법원순천지원 2019.06.05 2018가단81834

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff transferred KRW 58 million to a new bank account under the Defendant’s name on September 17, 2018, as part of the Bosing Fraud Act.

Since the defendant gains from the plaintiff's remittance the above money as a deposit claim equivalent to the above money without any legal ground and the plaintiff suffered damages equivalent to the above money, the defendant is obligated to return it to the plaintiff as unjust enrichment, or even if not, the defendant is involved in the Bosing crime and is liable to compensate the plaintiff for damages caused by tort.

2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, it is recognized that the Plaintiff transferred KRW 58 million to a new bank account under the name of the Defendant on September 17, 2018, following the following facts:

However, each statement in Gap's evidence Nos. 1 and 2 is acknowledged by the purport of the whole pleadings as follows: (i) the defendant is a company operating the virtual currency exchange; (ii) the defendant issued a random deposit code to the member who wants to make the deposit; and (iii) charge the money deposited into the new bank account in the name of the defendant using the deposit code in question; and (ii) the plaintiff, on September 17, 2018, deposited the amount of KRW 30 million into the new bank account in the name of the defendant using the deposit code in the defendant's member E; and (iv) the defendant deposited the amount of KRW 28 million into the new bank account in the name of the defendant's member; and (v) the defendant charged the above amount into the new bank account in the name of the defendant's member with the deposit code in the name of the defendant's member; and (v) the money deposited into the account in the name of the defendant's member with the deposit code issued by the defendant's member; and (v) the defendant knew that it is a fraud damage.

In full view of the fact that it is difficult to see that there is negligence without knowledge of such fact, etc.

유사 판례

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