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(영문) 서울중앙지방법원 2020.08.10 2019가단5263137

채무부존재확인

Text

1. A list of the Plaintiff’s obligations under Paragraph 1 of the attached Table against the Defendant (Counterclaim Plaintiff) and the Defendant C.

Reasons

1. Facts of recognition;

A. On August 26, 2019, the Plaintiff received a proposal from a name-free person who assumes the director of the “D company” (which seems to operate a direct transaction site for used goods) to “if the Plaintiff receives and withdraws money from the customer to the Plaintiff’s account and deliver it to the business trip staff of the said company, he shall pay 4% of the amount of the withdrawal on the day to the said company’s business trip staff as daily,” and then notified the account of the national bank in his name (E; hereinafter “instant account”) to the above name-free person.

B. 1) On August 27, 2019, the Defendants were subject to telephone financial fraud (tentatively named phishing) from a nameless person who assumes a false investigation agency on the part of August 27, 2019, and Defendant B was 20,000,000 won (hereinafter “the instant damages”).

(2) The Defendants transferred each of the above amounts to KRW 14,780,680,00 on four occasions, and Defendant C transferred each of the above amounts to KRW 27,00,000. (2) However, the balance of the above account before the Defendants transferred the said money to the account of this case was KRW 14,780,680.

3) After the Defendants remitted each of the above money, the Plaintiff withdrawn a total of KRW 47,00,000 through eight times on the same day, and gave rise to the name in the form of telephone financial fraud organization. 4) The Plaintiff paid KRW 21,300 to taxi expenses, etc. using a debit card with the instant account as the settlement account on the same day, in addition to withdrawing the amount of money remitted by the Defendants. Ultimately, the balance of the instant account was KRW 14,759,380 (=14,780,680-21,30).

C. On September 6, 2019, the Plaintiff received a notification from the Financial Supervisory Service to the effect that the procedure for extinguishment of claims of KRW 14,759,380 regarding the Plaintiff’s account was commenced in accordance with the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and the Refund of Loss Amount.

The plaintiff was investigated under suspicion of fraud with respect to the defendants' damage from telephone financial fraud, but there is no suspicion on December 17, 2019 (Evidence conflict).