물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the remitter remitted KRW 50,334,00 between April 22, 2011 and July 26, 2012 to the new bank account under the name of the Defendant used by Nonparty C is deemed to have no dispute between the parties because the Defendant did not dispute.
2. The gist of the Plaintiff’s assertion is that, as the cause of the instant claim, the Defendant, who is the accomplice of the violation of the Act on Real Name Financial Transactions and Confidentiality, is liable to compensate the Plaintiff for damages incurred by the Plaintiff due to such tort, since, although C knew or could have known that it committed a tort against others, C used its own account to facilitate C’s fraudulent conduct or evasion of compulsory execution.
3. Determination
A. The evidence submitted by the Plaintiff alone is insufficient to recognize that C committed a tort against the Plaintiff, such as fraud, and there is no other evidence to acknowledge this otherwise.
B. Even if C committed an illegal act, there is no evidence to prove that C knew or could have known that C used the Defendant’s account in order to commit an illegal act against the Plaintiff, and the Defendant’s act of having Nonparty C use his account in itself does not constitute a tort against the Plaintiff. Thus, the Plaintiff’s assertion is without merit without examining any further.
4. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.