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(영문) 서울중앙지방법원 2015.12.10 2014가단220413

부당이득금반환

Text

1. Defendant C’s KRW 6,00,000 as well as the Plaintiff’s annual rate from August 25, 2014 to November 12, 2015, and the following.

Reasons

1. Basic facts

A. On August 25, 2014, the Plaintiff entered financial information on the website of the public prosecutor's office in accordance with his/her direction after receiving a call from an unqualified person who assumes the responsibility of the public prosecutor's office.

B. Using financial information entered by the Plaintiff, the name-free person transferred KRW 6,000,000 from the Plaintiff’s account to the account under Defendant B’s name, KRW 6,000,000 to the account under Defendant C’s name, and KRW 6,00,000 to the account under Defendant D’s name, and KRW 6,120,000 to the account under Defendant E’s name.

C. As of December 20, 2014, the balance in Defendant B’s account as of December 20, 201, the balance in Defendant C’s account as of November 24, 2014 is KRW 6,006,272, and the balance in Defendant D’s account as of November 24, 2014 is KRW 2, and the balance in Defendant E’s account as of November 24, 2014 is KRW 6.

[Ground of recognition] Facts that there is no dispute between the plaintiff and the defendant C, each entry of Gap 1 and 2, each fact inquiry into the St Bank, and community credit cooperatives, the purport of the whole pleadings

2. Claim against Defendant C

A. According to the above basic facts, Defendant C shall acquire and hold KRW 6,00,000,000, which was transferred from the account under the Plaintiff’s name without any legal ground, and thus, it shall return the said money to the Plaintiff in accordance with the legal doctrine of

B. Therefore, from August 25, 2014, Defendant C is obligated to pay to the Plaintiff 6,000,000 won with unjust enrichment and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act until November 12, 2015, which is the delivery date of the written change of the claim and the cause of the claim in this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. Claim against Defendant B, D, and E

A. The Plaintiff’s assertion that Defendant B, D, and E could have sufficiently predicted that their bank accounts can be used for the crime of fraud at the time they transfer their passbooks, cash cards, etc. (hereinafter “Access media”). Therefore, the Plaintiff’s duty of care to take necessary measures to prevent this.

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