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1. It is confirmed that the obligation described in the separate sheet between the plaintiff and the defendant does not exist.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The Plaintiff is a company that operates an Exchange “C” (hereinafter “instant Exchange”) that trades encryption, such as Bitcoin, and D is a member of the instant Exchange.
B. 1) The Plaintiff is a stock company E account (Account Number: F; hereinafter “instant account”) for the operation of the instant exchange.
(2) The member of the Exchange established an account in which members of the instant exchange can carry out encryption transactions. (2) After transferring the funds to the instant account, the members of the Exchange can confirm and manage the relevant amount of funds through their own account granted within the instant account with funds available for the transaction of encryption. If the member purchased a certain amount of encryption with the said amount of money, the amount of the purchase price will be transferred to the seller’s account.
3) On February 5, 2018, the Defendant: (a) deposited KRW 10,00,000 into an enterprise bank account under the name of D with fraud; (b) transferred KRW 10,00,000 from the enterprise bank account under the name of D to the enterprise bank account among the instant accounts at around 13:16 of the same day; and (c) purchased encryption using KRW 9,998,026 among them. Upon finding that the Defendant was aware of the damage from the name defect, the Defendant reported the damage to the police; (c) reported the damage to the E Bank pursuant to Article 3(1) of the Act on the Prevention and Refund of Telecommunications-based Financial Fraud Damage; and (d) reported the instant account to the E Bank as the fraudulent account; and (e) paid the amount of KRW 10,00,000 among the instant accounts to the enterprise bank account under the name of D with the name defect at KRW 13:16,00; and (e) paid the amount of payment suspension pursuant to Article 4(1) of the Civil Procedure Act.
2. We examine the judgment, as seen earlier.