부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts may be acknowledged either as a dispute between the parties or as a whole by taking into account the following facts, or as a whole, facts as to Gap's evidence Nos. 1 through 4, and the fact inquiry results with respect to the original court and the police station of the first instance.
Around April 7, 2011, the Defendant listened to the statement that he would receive a credit loan if sending cash card, etc. from a person under whose name the loan advertisement reported and contacted, and transferred a copy of the passbook and cash card, and a password connected thereto to the above person using Kwikset Service to obtain a credit loan.
(hereinafter “instant transfer act”). B. The instant transfer act
On April 8, 2011, the Plaintiff received a call from a person under whose name the Defendant misrepresented him/her as the KT employee and the police officer, stating that “the case fee was unpaid. If a bank transfers a deposit in a trading bank to another bank, an offender would recover money.” On April 11, 2011, the Plaintiff opened a bank passbook in the name of the Plaintiff in accordance with the order of the person under whose name the Plaintiff was not the victim, and transferred KRW 4,80,000 to the said agricultural bank account in the name of the Defendant.
(hereinafter “this case’s Bosing crime”). (c)
On the other hand, on July 12, 201, the Defendant was ordered to suspend indictment against the violation of the Electronic Financial Transactions Act by a prosecutor of the Changwon District Prosecutors' Office on July 12, 201.
2. Occurrence and scope of liability for damages;
A. In light of the occurrence of liability for damages, Article 760(3) of the Civil Act provides that an aided person or an aided person shall be deemed a collaborative act, thereby imposing liability on an aided person as a joint tortfeasor. Aiding and abetting refers to all direct and indirect acts that facilitate a tort, and includes not only cases by an act but also cases where an omission by which a person liable to act does not take various measures to prevent it, thereby facilitating the commission of the illegal person.