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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The grounds for the Plaintiff’s claim and the statement “organization of the grounds for the claim” are as shown in the annexed sheet.
2. In a case where the performance under the contract becomes the benefit of a third party as well as the other party to the contract, if the other party to the contract who provided the performance may claim for the return of unjust enrichment directly from the third party in addition to claiming for the return of unjust enrichment from the other party to the contract, it would result in a violation of the basic principles of contract law by imposing the risk of the contract under one’s own responsibility on the third party. In addition, it would result in a violation of the basic principles of contract law. Furthermore, the contract party who provided the performance under the contract would be given preferential treatment compared to the other party’s general creditor who is the debtor, thereby impairing the interests of the general creditor, and the third party who provided the benefit under the contract would be infringed upon the other party’s defense, etc. In such a case,
(Supreme Court Decision 99Da66564, 66571 Decided August 23, 2002; Supreme Court Decision 201Da48568 Decided November 10, 201; Supreme Court Decision 201Da17106 Decided June 27, 2013; etc.). The Plaintiff is found to have transferred KRW 150,00,000 to the Defendant Co., Ltd (hereinafter “Defendant Co., Ltd.”) account on January 15, 2018; however, it is recognized that such circumstance and evidence No. 1-9 alone sold virtual currency to the Plaintiff (hereinafter “Dco”).
By deceiving the Plaintiff and aiding and abetting the Defendant Company, the Defendants jointly acquired 150,000,000 won from the Plaintiff by deceiving or aiding and abetting the Plaintiff.
In light of the above legal principles, it is insufficient to acknowledge that the Defendants obtained 150,000,000 won without any legal cause and thereby caused the Plaintiff to incur the same amount of damages. However, inasmuch as there is no other evidence to acknowledge this, the Defendant B and the representative director E of the Defendant Company committed fraud in the relevant criminal case, in view of the overall purport of the pleadings in the evidence Nos. 1 through 15.