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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. On March 13, 2018, the Plaintiff deposited KRW 38 million with a corporate bank account in the name of B as of March 13, 2018, and acquired the said money by deceit.
B. The amount of KRW 38 million deposited in the company bank account in B’s name was transferred to the virtual account in the name of the defendant on the same day, and the suspect of Bosing immediately purchased and immediately withdrawn virtual currency equivalent thereto, and the above KRW 38 million remains in the virtual account in the name of the defendant.
[Reasons for Recognition] Evidence Nos. 1 through 4 (including branch numbers), Eul's Evidence Nos. 1 and 3, the purport of the whole pleadings
2. The plaintiff's assertion and the plaintiff's determination as to the above 38 million won asserted that the defendant made unjust enrichment without any legal ground.
In full view of the purport of each statement in evidence Nos. 1, 2, and 3, the defendant is a company operating the virtual currency exchange of "C". The defendant is a company operating the virtual currency exchange of "C". Members wishing to conduct virtual currency transactions are registered as members of "C", opening a company bank account under the name of members, and the defendant was granted virtual bank account, and then the defendant can conduct virtual currency transactions by transferring the money from the member company bank account to the above virtual account, and the above virtual account is held in the name of the defendant. While the above virtual account is held in the name of the defendant, only members of the above virtual exchange service contract concluded with members can manage and control the virtual currency transactions through the above virtual exchange service contract, and the defendant is recognized to have not been able to manage and control the virtual account such as deposit and withdrawal, etc., and as seen above, Bosphish account was purchased using the virtual currency account under the name of the defendant, and immediately withdrawn it from the above virtual account in the name of the defendant.