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(영문) 전주지방법원 2020.11.25 2020나5511

부당이득금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On the same day, the Plaintiff’s transfer act 1) hearing the proposal that part of the existing loans should be repaid to the Defendant’s Cbank account designated by the said person (hereinafter “instant account”) after receiving a telephone from a person who assumes the position of bank staff on September 18, 2019.

A) The Plaintiff transferred KRW 8,500,000 to the police on the same day. (2) On the same day, the Plaintiff heard information from the Plaintiff’s bank (D) that the said transfer was due to Bophishing, reported it to the police, and reported the Defendant’s suspension of payment to the instant account.

B. On September 16, 2019, the Defendant: (a) discovered loan products; (b) sought explanation of loan products and guidance on loan procedures from a person who assumes the position of E bank employees on September 16, 2019; and (c) received instructions from a person who assumes the position of F staff on September 17, 2019 to “to create evidentiary materials for the loan; (d) withdraw 10,630,000 won from G to the Defendant’s account of this case; and deliver them to other employees.” On the same day, the Defendant confirmed that KRW 10,633,34 was deposited from G; and (e) released KRW 10,00,000 from C Bank H points to E bank H points to E bank employees on September 18, 2019; and (e) delivered them to the Non-Party from the Plaintiff on September 18, 2019 to the Plaintiff’s account.

On the same day, the Defendant attempted to confirm and withdraw KRW 8,500,000 from the Plaintiff, but failed to withdraw the deposit upon the Plaintiff’s application for the suspension of payment, and the Defendant also declared that the series of the above actions were crimes of Bophishing and reported to the police.

C. The details of the instant account’s transactions from September 10, 2019 to December 21, 2019 are as shown in the attached Form.

2. The Plaintiff’s summary of the Plaintiff’s assertion.