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(영문) 인천지방법원 2017.12.19 2017가단2983
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates broomt Brooms (www.bumb.com) online virtual currency trading brokerage site. The Plaintiff is operating a settlement method that provides virtual account numbers to its members while holding a master account provided by Scoke Co., Ltd.

B. On April 14, 2016, the Defendant opened a broom B account of the SC Japan Bank (hereinafter “instant virtual account”) and received the instant virtual account.

C. Meanwhile, around 13:51:56 on April 25, 2016, C deposited KRW 23,800,000 in the name of “tallying” in the company bank D account (hereinafter “company bank account”) under the Defendant’s name on April 25, 2016, and the Defendant transferred KRW 26,370,000, including the Defendant’s money previously accrued from the said company bank account, to the instant virtual account around 13:56:13.

After that, the Defendant purchased 49.7958585BTC from 13:56:14 to 13:58:49 with the money of the said virtual account, on a total of four occasions, and applied for withdrawal from the said account to another electronic wallet. Accordingly, the Plaintiff notified that “The Plaintiff can withdraw only 72 hours after depositing a large amount of money due to the management policy for the prevention of financial accidents.”

E. The Defendant revoked the application for withdrawal and received a refund of KRW 26,250,000 from around 14:37:50 to 14:38:02 on three occasions in total from around 14:24:09 to around 14:38:02.

F. Furthermore, between 14:48:52 and 16:45:38, the Defendant transferred KRW 24,400,000 among the above KRW 26,250,000 to another account, and withdrawn in cash, and KRW 1,850,000 to the instant virtual account.

G. Thereafter, upon C’s report of financial fraud damage, SC Japan bank took a measure of suspending payment of KRW 26,370,000, which was deposited in the instant virtual account on April 26, 2016, and is the relevant account owner.

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