소멸채권환급청구
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. Basic facts
A. The Plaintiff operated a wholesale and retail business of construction materials from May 12, 2016, and opened a post office account (Account Number B: hereinafter “post office account”) and C Bank account (Account Number: D: hereinafter “C Bank account”) and used it for the said business.
B. On October 17, 2016, the Plaintiff received a proposal to the effect that “if the transaction performance is accumulated by withdrawing the money deposited in a new account and delivering it to the employee sent by us, 50 million won may be loaned at a low interest rate” from a name-free person who is a member of the E-Union’s related company, the Plaintiff would accept it.
C. Meanwhile, on October 26, 2016, the Plaintiff received KRW 25,030,50,000 from F Co., Ltd. to the account in the name of the Plaintiff.
Due to so-called Bosing Fraud, G deposited KRW 8 million on October 27, 2016, KRW 20 million on the same day, and KRW 21 million on the same day through the account under J’s name in the Plaintiff’s post office account.
Since then, the Plaintiff transferred the total amount of KRW 49 million to the Cbank account under the name of the Plaintiff, and then withdrawn the total amount in cash and delivered it to the Bosingman.
E. After the victim’s report revealed that the Plaintiff’s bank account was used for the scaming crime, and thus, the above account was suspended (23,551,940 won in the previous account). The Defendant was partially amended by Act No. 15472 on March 13, 2018 by the former Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss Amount.
c. The term “former Special Act”
At the same time, the Plaintiff was notified of the commencement of the procedure for extinguishment of a claim pursuant to the former Special Act, but did not serve the Plaintiff as an addressee’s unknown address. Accordingly, the Defendant announced the commencement of the procedure for extinguishment of a claim on November 4, 2016 on the Defendant’s website pursuant to the former Special Act.
F. Since then, the Defendant: (a) total sum of KRW 23,551,939 from the Plaintiff’s said Cbank account to G, H and I.