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(영문) 대구지방법원서부지원 2015.06.11 2014가단31954

부당이득금반환

Text

1. The Plaintiff, Defendant B, and C, each of whom was KRW 6,00,00, and Defendant D, each of which was KRW 5,987,534, and each of the said amounts, to Defendant B.

Reasons

1. Determination as to claims against Defendant B and C

A. On September 3, 2014, the Plaintiff, who was unaware of his name, provided his personal information and OTP numbers to the person who was unaware of his/her name, by deceiving him/her that “the Seoul National Police Agency Cyber Investigation Team is the Seoul National Police Agency Cyber Investigation Team, and that his/her personal information has been leaked and requested to cooperate.”

After all, from the Daegu Bank account (E) account in the name of the plaintiff in the name of the plaintiff, the sum of KRW 12,000,000 and KRW 6,000,000 were transferred to each of the 6,00,000 and the 6,000,000 to the Hyb Bank account in the name of the defendant C, respectively.

After that, 6,00,000 won was deposited from the dynamic securities account of Defendant B, and currently there remain 6,000,000 won and 6,000,000 won in the dynamic securities account of Defendant B, respectively.

[Reasons for Recognition] Each entry, substitute securities, new banks, Korea CTR Bank, Korea Telecommunication Organization, and the purport of the whole pleadings, and the purport of each entry, substitute securities, new financial transaction submission order, and the whole pleading

B. As to each amount transferred as above, the Plaintiff asserts that the Plaintiff should return the amount of KRW 12,00,000 to the Plaintiff, and Defendant C should return each amount of KRW 6,000,000 to the securities account in lieu of Defendant B’s name, and KRW 6,000,000 to the new bank account in the name of Defendant C, from among the money transferred from the Daegu Bank account in the name of the Plaintiff. As seen earlier, the fact that each of the amount of KRW 6,00,00 exists in the securities account in lieu of Defendant B’s name and KRW 6,00,000 to the new bank account in the name of Defendant C. Accordingly, without any legal cause, Defendant B and C obtained profits from acquiring the deposit claim in each of the above amount of KRW 6,00,00 and the Plaintiff suffered losses from losing each of the above amount of deposit claims. Accordingly, the Plaintiff is obligated to return unjust enrichment to the Plaintiff, Defendant B and C are obligated to pay the amount of KRW 6,000,00, respectively.