대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1.The following facts may be found either in dispute between the parties or in accordance with the statements in Gap evidence 1 to 3:
The Plaintiff deposited KRW 30,00,000, in total, KRW 28,000,00 on June 10, 2013, with a bank account under the name of the Defendant (The Bank, Account Number C, hereinafter “instant account”) and KRW 30,000,000 on June 13, 2013.
B. From the bank account in the name of the Defendant to the bank account in the name of the Plaintiff, the sum of KRW 15,000,000 was transferred from the bank account in the name of the Plaintiff as listed below.
Account of KRW 3,000,000 on July 10, 2013, the transfer date account under the Defendant’s name, and KRW 3,000,000 on July 16, 2013, the instant account of KRW 3,000,000 on August 16, 2013, the instant account of KRW 3,000,000 on August 24, 2013, the instant account of KRW 3,000,000 on August 24, 2013, the Defendant Agricultural Cooperative Account under the Defendant’s name and KRW 3,000,000 on October 21, 2013.
2. The gist of the cause of the Plaintiff’s claim was known to the Plaintiff while running a water leisurez. D, and D used a mobile phone (C) issued under the name of the Defendant and the instant account in the name of the Defendant (the said mobile phone number and the instant account number are the same) and changed the Plaintiff by lending KRW 30,000,000 to the Plaintiff, while one himself was driving as the Defendant.
Accordingly, the plaintiff is entitled to 1. A.
As stated in the “Defendant’s name”, deposited KRW 28,00,000 on June 10, 2013 with the instant account under the Defendant’s name and lent KRW 30,00,000 in total to D on June 13, 2013; however, D paid KRW 15,00,000 as stated in the “1.b.” and obtained the remainder 15,00,000,000.
On the other hand, while the Defendant knew that D, a person prior to the fraud, was able to commit a criminal act using the instant account and the means of access, provided D with an authorized certificate and physical check card, etc. so that D may use the instant account by providing D with an authorized certificate and physical check, and created D with the same number (C) and the account number (C) of the instant account while opening the cell phone in the name of the Defendant.