부당이득금
1. The Plaintiff:
A. Defendant D, E, F, H, and I shall each be KRW 5,800,000, and this shall be from August 27, 2010 to December 8, 2011.
1. Determination as to claims against Defendant B, C, and G
A. (1) On August 27, 2010, the Plaintiff was aware of the fact that “the Plaintiff should transfer the money in the passbook in the name of the Plaintiff to prevent the Plaintiff’s personal information from being leaked,” and then transferred KRW 5,800,000 from the Nong bank account in the name of the Plaintiff to the Agricultural Cooperative account in the name of Defendant B, C, and G to the Agricultural Cooperative account in the name of the Plaintiff.
(2) On the other hand, on August 2010, Defendant B, C, and G received a proposal from a person with no personal seal from his/her name, to offer a credit loan by sending a “book copy, cash payment card, and password” by telephone, and delivered a copy of the passbook, cash card, and its password in the above Defendants’ name via a home passage to the person with no personal seal.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
B. In the case of a joint tort under Article 760 of the Civil Act where several persons jointly inflict damages on another person, the joint tort is established as well as conspiracy among actors. However, if the joint tort is objectively related to the joint tort, it is sufficient if the joint tort is jointly related, and as a result, the damage is caused by the joint tort. Aiding and abetting in a joint tort refers to all direct and indirect acts that facilitate the tort. Aiding and abetting in a joint tort refers to all acts that facilitate the tort, and it is possible to assist by negligence as an interpretation of the Civil Act that considers the negligence as a matter of principle for the purpose of compensating for damages, unlike the Criminal Act. In this case, the content of negligence refers to a violation of this duty on the premise that there is a duty of care not to assist the tort.
(see, e.g., Supreme Court Decision 2009Da80026, Feb. 11, 2010). Anyone may not be used for criminal acts, such as electronic financial fraud.