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2024년 09월 13일 법률칼럼 Crypto

Claim for Damages Against a Domestic Cryptocurrency Exchange

#CryptocurrencyExchange # ClaimforDamages # CivilLitigation # CoinHacking # InvestorProtection
목차

    If a cryptocurrency exchange failed to suspend transactions or halt trading despite being informed of a hack involving the issuing foundation of a listed token, resulting in investor losses, what liabilities could the exchange face?
     

    Breach of Duty of Care

    Cryptocurrency exchanges have a duty to protect investors by taking appropriate measures during incidents such as hacking. If an exchange was aware of a hacking incident but failed to suspend trading, this could be considered a breach of its duty of care. Relevant precedents also support this viewpoint.
     

    Breach of Contract

    If an exchange promised to replace an affected token with a new token at a 1:1 ratio but failed to fulfill this commitment, resulting in significant losses for token holders, the exchange may be held liable for breaching its contractual obligations.
     

    Unlawful Acts and Liability for Damages

    Exchanges are obligated to take proper measures to protect investors. If they neglect these responsibilities, their actions could constitute an unlawful act, making them liable for damages under applicable laws.
     

    Korean cryptocurrency exchanges are expected to prioritize investor protection. Failure to meet this standard could lead to legal claims for compensation.