손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's assertion
A. The grounds for the plaintiff's claim are stated in the annexed sheet.
B. According to the evidence evidence Nos. 1, 2, and 6, the Plaintiff was subjected to Bosing fraud and remitted KRW 29,000,000 to C’s account on June 22, 2018, and the said money was transferred to the account under the name of the Defendant on the same day.
However, comprehensively taking account of the overall purport of the arguments in Eul's evidence Nos. 1 through 3 (including the paper number) as a whole, C received a telephone from the person who is the head of the household desiring to purchase the Maspbook from the D Bank Mypbook on June 18, 2018, and C intended to create the Maspbook from the person who is the head of the team desiring to purchase the Maspbook. C ordered C to deposit the above money with the Defendant's account in the name of the bank in order to establish the Maspbook from the above person who is not the above person's name. C sent the money KRW 29 million deposited by the Plaintiff on June 22, 2018 in accordance with the order of the above person without the name, and C transferred the money deposited by the Plaintiff to the Defendant's account under the name of the defendant. However, the defendant's name was a securities account opened for the Maspbook transaction.
In light of these facts, the Defendant committed a joint tort solely on the basis of the facts acknowledged earlier.
It cannot be deemed that there was an act of aiding and abetting by intention or negligence of the defendant, and it cannot be deemed that the defendant made unjust enrichment.
There is no other evidence to prove the fact of the plaintiff's cause of claim.
2. The plaintiff's claim is dismissed. It is so decided as per Disposition.