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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around August 2018, the Plaintiff received a proposal from the user of G through F (hereinafter “G”) that “on the face of the prime transaction by lending the cryp currency account, the Plaintiff purchased the crypization by avoiding restrictions on the cryp purchase volume by using the cryp currency transaction account, and then transmitted the cryption to investors, and pay 3% of the purchase amount as commission.”
Detailed methods are as follows:
① The Plaintiff’s deposit into the Plaintiff’s bank account. ② The Plaintiff transfers the deposited money to the virtual account of an exchange designated by G via his/her own encrypted Exchange registration account. ③ G purchases encrypted, and the investor’s e-mail transfers the money to the Plaintiff. ④ G pays fees to the Plaintiff.
On August 24 through 27, 2018, the Plaintiff consented to the proposal and provided G with the ID, password, registration account number (H of the new bank), and the bank account number (i.e., bank E) to be first deposited.
C. The Defendants, who wish to arrange for a refund loan, was accused of inferable to the understigious (G or his accomplice). On September 3, 2018, Defendant B transferred the amount of KRW 50 million to the Plaintiff’s account of the said Han Bank, and Defendant D transferred KRW 20 million to the said account of the Plaintiff.
The Plaintiff divided into G through F in real-time dialogue with G, and transferred the aforementioned transferred money to the virtual account of an exchange designated by G [the Plaintiff was created in the name of the Plaintiff, and the Plaintiff also provided with a single password (OTPP) necessary for disposing of the said account] via its registration account for the Cding Exchange.
G does not pay the fee to the Plaintiff and contact with the Plaintiff is two infinites.
E. The Plaintiff’s account was suspended pursuant to Article 4 of the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and the Refund of Loss (hereinafter “Telecommunications Fraud Refund Act”).
[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, 3, Eul's 1, 2, and 2, the purport of the whole pleadings
2. The Parties’ assertion.