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(영문) 서울북부지방법원 2014.12.05 2014가단3679

부당이득반환 등

Text

1. The Plaintiff:

A. As from May 16, 2014, Defendant B’s KRW 3,596,880 and its related thereto:

B. Defendant C is charged with KRW 3,548,640.

Reasons

1. Facts of recognition;

A. On August 7, 2013, at around 10:30 on August 7, 2013, the Plaintiff received a telephone call from a telephone station staff member and a person who had misrepresented the prosecution investigator, and “to protect the leaked personal information and to safeguard the financial security.” The Plaintiff notified the resident registration number and the security card number to the person who has failed to know the aforementioned person.

B. immediately following the Plaintiff’s transfer from the Plaintiff’s Bank account (I) to the Seosan Agricultural Cooperative Account of Defendant B, KRW 6,014,300, KRW 5,914,400, and KRW 6,007,30, and KRW 6,007,00, and KRW 6,007,10, and KRW 6,300, to Defendant E’s Compact Livestock Cooperative Account; KRW 12,007,50, to Defendant G’s Compact Bank account; KRW 12,07,50, and KRW 6,200, respectively, to Defendant H’s Compactical Agricultural Cooperative Account.

C. The Defendants heard the speech that it is necessary to obtain a loan, etc., and each of the above persons with no name were sent with their passbooks and cash withdrawal cards.

The Plaintiff received KRW 19,500 from Defendant B, KRW 2,500 from Defendant D, KRW 5,670 from Defendant E, KRW 4,750,452 from Defendant F, KRW 1,00 from Defendant G, and KRW 13,611 from Defendant H, respectively.

[Reasons for Recognition] Each description of Gap's evidence Nos. 1 through 3, response to this Court's order to submit financial transaction information to NH Nonghyup and NH Nonghyup Bank

2. Occurrence and scope of liability for damages;

A. In the case of joint tort under Article 760 of the Civil Act, several persons who jointly inflict damages on another person, joint tort is not necessarily required, and if there is an objective act related to the objective act, joint tort is established which is liable to compensate for the damages caused by the act in relation to the objective act.

In addition, aiding and abetting in a joint tort refers to all direct and indirect acts that facilitate a tort, which are criminal law.