손해배상(기)
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Facts of recognition;
A. On April 25, 2019, Defendant B requested the payment from a person under his/her name in the name of the deceased and the Kakakao Stockholm, and remitted a total of KRW 60 million.
Defendant B demanded the return of the above money to the person in distress of his name, but he heard the phrase “in order to find the remittance money, the Handphones and the Handphones opened in the D Bank, and the card type OTP are needed,” and sent it to the person in distress of name through Kwikset service.
B. On May 20, 2019, Defendant C asked a loan to a person who was unaware of his name, and sent it to the person who was unaware of his name through Kwikset Services, after hearing the horses that “in order to obtain a loan, the Defendant C sent the passbook, physical card, password, and the USB containing an authorized certificate.”
C. On June 9, 2019, the Plaintiff: (a) was required to deposit money from a person under his/her name in the name of the deceased on his/her own account while holding the Kakakaook as “Immediate,” and (b) transferred KRW 27.9 million in total to a deposit account in the name of the Defendant B from June 11, 2019 to June 11, 2019; (c) KRW 19.8 million in total to a deposit account in the name of the F on June 10, 2019; and (d) KRW 2.3 million in the deposit account in the name of the Defendant C.
【Fact-finding without a dispute over the ground for recognition】: Gap evidence 1 through 12; Eul evidence 1; Eul evidence 2; Eul evidence 2; the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion (1) prohibits lending of the means of access while transferring, receiving, demanding, or promising the means of access. The Defendants assisted the act of unlawful act of the one who received compensation and transferred their means of access. As such, the Defendants, as joint tortfeasor under Article 760 of the Civil Act, are obligated to compensate the Plaintiff for damages totaled to KRW 50 million and delay damages.
(2) The Defendants of the conjunctive claim are the Defendants.