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(영문) 서울중앙지방법원 2016.03.24 2015가단131350

부당이득금반환

Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as well as each of the said amounts, from July 8, 2015 to July 8, 2015. < Amended by Act No. 13558, Jul. 8, 2015>

Reasons

1. Claim against Defendant B and C

A. (1) On July 8, 2015, the Plaintiff called “the name, resident number, and account number entered, a series of security cards, and an OPT numbers,” from a person who assumes a false name as an investigator of the public prosecutor’s office, and sent information related to the Plaintiff’s Internet banking transaction of the national bank to the victim.”

(2) On July 8, 2015, a person under whose name the Plaintiff’s account was illegally connected to the Internet banking of the Plaintiff’s National Bank, and transferred KRW 40,000,000 from the Plaintiff’s account (E) to the Defendant’s account (National BankF) and KRW 24,000,000 from the Defendant C’s account (National Bank G).

(3) The Defendants, without any legal ground, are liable for damages arising from the conjunctive tort, inasmuch as they either obtained a profit equivalent to the above remitted amount, or committed an illegal act that transferred the passbook.

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against Defendant D

A. The plaintiff alleged by the parties, upon receiving a request from the above person in bad name to deposit the cash into the account under the name of the defendant D, from July 8, 2015 to July 16:10, 2015, the plaintiff deposited KRW 5,600,000 to the account under the name of the defendant D (National Bank H). Accordingly, the defendant D asserts that the above amount was unjust enrichment or the transfer of the passbook to the person in bad name was committed without any legal ground, and therefore, he is liable for damages as to the above amount.

As to this, Defendant D reported the job offer advertisement of the daily life information site, and then withdrawn the introduction fee from the cleaning company, and requested the head of the Tong and the check card and issued the head of the Tong and the check card. The Plaintiff’s money deposited from 5:59 on July 8, 2015 to 16:10 on July 8, 2015 and the Plaintiff’s money deposited from 5,600,000 from 15:59 on July 8, 2015 to 16:10 on the account of a person without a name.