손해배상(기)
1. Defendant D’s KRW 10,000,000 and annual interest thereon to the Plaintiff from December 19, 2016 to December 14, 2017.
1. The Plaintiff asserted that, on December 12, 2016, the Plaintiff transferred KRW 20 million to Defendant B’s centralized account (F) in December 12, 2016, to Defendant C’s new bank account in the name of Defendant C, KRW 12 million on December 14, 2016 and KRW 12 million on December 19, 2016, to Defendant D bank account (H) in the name of Defendant D bank account, where it is possible to lend KRW 50 million at a low interest rate of KRW 3.9% per annum.
The Defendants are liable to compensate the Plaintiff for damages due to the above joint tort on the ground that the Defendants participated in the above joint principal or accessory to the above unlawful act by providing a passbook in their names to the above-mentioned person who appears to be the daily allowance for the one-day Bosing criminal act, or at least by transferring the passbook to the principal, thereby causing damages equivalent to the above remittance amount to the Plaintiff due to the negligent aiding and abetting act.
In addition, since the money remitted to the passbook in the name of the defendants is the money acquired by the defendants without any legal cause, the defendants should return the above remittance amount to unjust enrichment.
2. As to the plaintiff's above assertion on the defendant D, since the defendant D received lawful service by means other than service by public notice, and did not clearly dispute the response and other preparatory documents without being present on the date of pleading, it shall be deemed that it led to confession under Article 150 (1) and (3) of the Civil Procedure Act.
Therefore, Defendant D shall pay to the Plaintiff the amount of KRW 10,00,000 due to tort damages or unjust enrichment, and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 19, 2016 to December 14, 2017, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.