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(영문) 부산지방법원 2021.02.03 2020가합41005
손해배상 등
Text

1. The defendant delivered 1,389 No. 1,389 No. 1,389 to the plaintiff, and the above No. 1,389 to the plaintiff.

Reasons

1. On January 17, 2019, the Plaintiff is a paper of virtual currency in which 1,389 is more 1,389 using the electronic wallets of “C” address (hereinafter “instant electronic wallets”) based on chain technology.

(EH, hereinafter “instant virtual currency”) remitted.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 4-1 through 3, the purport of the whole pleadings

2. The defendant's defense prior to the merits is not himself, but the lending of the virtual currency of this case to D Co., Ltd. (hereinafter "D"). Thus, since the plaintiff mistakenly identified the defendant of the lawsuit of this case, the lawsuit of this case is unlawful, and therefore, the plaintiff defenses that the lawsuit of this case is unlawful. Thus, in the lawsuit of performance, the plaintiff is qualified as a party (Supreme Court Decision 2001Da58481 delivered on January 11, 2002), and the plaintiff has the right to claim the return of the virtual currency of this case against the defendant.

If the lawsuit of this case was brought with the assertion, the defendant is qualified as a party.

Therefore, the defendant's prior defense is without merit.

3. Judgment on the merits

A. The following facts can be acknowledged in full view of the evidence revealed earlier, Gap evidence Nos. 2 through 6, Eul evidence Nos. 1 and Eul evidence Nos. 1 (including numbers) and the purport of the entire pleadings in response to the response to financial transaction information to Eul Co., Ltd. (hereinafter "E"), as a whole.

① On January 17, 2019, the Plaintiff remitted the instant virtual currency to the Defendant via the address of the instant former branch, which was sent by the Defendant, and the Plaintiff returned the said virtual currency to the Defendant by January 30, 2019.

② On January 17, 2019, the virtual currency of this case was sold from E to 187,319,981.39, and the said money was deposited into the NongHyup Bank account in the name of F.

③ On July 21, 2019, the Defendant issued Kakao Stockholm to the Plaintiff via the Kakao Stockholm.

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