The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Defendant is a company that operates the Cding Exchange (hereinafter “Exchange”) and provides all services related thereto.

The defendant uses its own operating expense accounts and funds management accounts of the Exchange users (so-called penalty accounts) by distinguishing them, and when the users intend to engage in the transaction of encryption, the defendant shall enter the code numbers provided by the defendant and deposit them into the penalty account, and after confirming the code numbers, the defendant has given the won point to the account depositer (in the account note), and operates the exchange in the way of purchasing it with the won point granted by the depositer.

B. On June 21, 2019, the Plaintiff: (a) received a text message from a person who introduces himself/herself as a prosecutor of the Seoul Southern District Prosecutors’ Office after having received a text message that “C purchased Kimchi Refacul amounting to KRW 1,269,000; and (b) installed Kwikset Program according to its instructions.”

After the establishment of the above program, 69,000,000 won was transferred from the bank account (Resan Bank D) opened in the name of the Plaintiff to each account in the name of E and F.

(hereinafter referred to as the “instant Bosing”) C.

The instant Bosing criminal, whose name cannot be known, transferred the money transferred as above to the punishment account under the Defendant’s name (post office G), and concealed the money transferred as virtual currency by using the Defendant’s encryption transaction service. D.

Meanwhile, the Plaintiff was refunded KRW 4,284,557, out of the money remaining in the Defendant’s account in accordance with the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and the Refund of Loss.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff.