부당이득금반환 등
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In order to impose liability for damages caused by negligent aiding and abetting the transferor of the means of access on the ground that the legal effect of the electronic financial transaction is more than imposing on the holder of the means of access, the said electronic financial transaction constitutes an individual tort based on the specific circumstances at the time of the transfer of the means of access and that the use of the means of access would facilitate tort by allowing the transferor to use the means of access, and that proximate causal link between the transfer of the means of access and the damage caused by the tort should be acknowledged.
In addition, whether such possibility exists should be determined by comprehensively considering the purpose and circumstances of the means of access to which the means of access has been transferred, the possibility of realizing the purpose of the transfer, the existence of the consideration or profit from the transfer, the identity of the recipient, the details of illegal acts using the means of access, the degree of contribution to such illegal acts, and whether the transferor
(See Supreme Court Decision 2012Da84707 Decided January 15, 2015). On July 24, 2014, the Plaintiff entered and entered the Plaintiff’s account on the website of the Financial Supervisory Service, “the Plaintiff’s account was used for a crime.” The Plaintiff transferred KRW 5,960,000, totaling KRW 5,980,000 from the Plaintiff’s account to Defendant C’s account, and KRW 11,50,000 from Defendant D’s account to Defendant C’s account, with the Defendants’ unjust enrichment without any legal cause, and thus, the Defendants returned the said money to the Plaintiff or participated in the commission of the Defendants’ unlawful act in the name-free box.