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(영문) 부산지방법원서부지원 2020.07.07 2020가단101230

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. Of the litigation costs, 50% is borne by the Plaintiff, and 50% is borne by the Defendant.

Reasons

1. Facts of recognition;

A. On November 26, 2019, the Plaintiff received a text message that “Arrecied to be delivered at the end of the normal purchase of KRW 1,899,00,00,” sent under the name of the Plaintiff Company C, and called “D” as the phone number on which the said text message was sent. The Plaintiff was asked to answer that the Plaintiff’s name was stolen from the person in poor name and reported to the public prosecutor’s office. As such, the Plaintiff’s communication was made at the public prosecutor’s office.

B. After that, the Plaintiff received a demand from a person who misrepresented the public prosecutor's office to investigate the identity theft, the Plaintiff increased the Internet banking limit to KRW 100 million, and sent the certificate of the certificate of the authorized name to the above person in the Kakao Stockholm photograph.

C. On November 26, 2019, from around 16:30 to 16:40, the person whose name was omitted transferred the sum of KRW 69 million to the G Bank account (Account Number: F) opened on November 14, 2019 by the Defendant from the E Bank account (Account Number: H and hereinafter “instant account”) in the Plaintiff’s name using the certificate of issuance of the said authorized certificate.

On November 27, 2019, the Plaintiff reported the damage caused by telephone financial fraud to the Busan Summer Police Station, filed an application for remedy for damage with G Bank (hereinafter referred to as the “instant application for remedy”) pursuant to Article 3(1) of the Special Act on the Refund of Damage Caused by Telecommunications-based Financial Fraud (hereinafter referred to as the “Telecommunications Fraud Refund Act”). Accordingly, G Bank takes the suspension of payment on the instant account and requested the Financial Supervisory Service to publish the commencement of the procedure for the extinguishment of claim against the deposit claim of the instant account (hereinafter referred to as the “instant procedure”) with respect to the instant account. On December 6, 2019, G Bank announced the commencement of the claim extinguishment procedure of the instant case on December 6, 2019.

E. On December 12, 2019, the Defendant received a notice of commencement of the instant claim extinguishment procedure from the Financial Supervisory Service, and pursuant to Article 7 of the Telecommunications Fraud Loss Refund Act.