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(영문) 서울중앙지방법원 2013.11.13 2013나18072

부당이득금반환

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,789,80 on August 2, 2012.

Reasons

1. Basic facts

A. On March 7, 2012, the Plaintiff entered financial information by accessing a person who is called an investigator (hereinafter “ telephone finance fraud group”) to his/her website.

B. On March 7, 2012, the Telephone Finance Fraud transferred KRW 6 million from the Plaintiff’s account to the Agricultural Cooperative account under the Defendant’s name, using the above financial information, and then withdrawn KRW 5,94,800 out of the total sum of KRW 6,005,000,000, which was already deposited in the above amount and the above account by using the personal identification number for the card and the above account received from the Defendant.

C. On June 11, 2012, the Plaintiff received a return of KRW 10,200 as a refund for loss.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2-1, 2-2, Eul 1 and the first instance court's order to submit financial transaction information to the National Agricultural Cooperative Federation, the purport of the entire pleadings and arguments

2. The plaintiff's ground of claim and the defendant's assertion

A. In light of the Plaintiff’s cause of claim, the Defendant is obligated to return to the Plaintiff the amount of KRW 6 million and the delay damages therefrom, as it gains profit equivalent to KRW 6 million of the deposit claim transferred to the account held in the Defendant’s name without any legal cause, and thereby causes damages to the Plaintiff.

Preliminaryly, under sufficiently foreseeable that the Defendant’s physical card and password of the above account can be used for committing the instant telephone financial fraud, the Defendant is obliged to pay the Plaintiff damages amounting to KRW 6,000,000 due to aiding and abetting negligence, and damages for delay.

B. As to the defendant's assertion, the defendant only opened the above physical card and the password of the above account because he was at the end of the name unclaimed box that allowed the loan.