부당이득금 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 22, 2019, the Plaintiff: (a) received a telephone from a person in an unsound name to receive a low interest rate loan by means of repayment of a substitute loan; and (b) transferred KRW 59,000,000 to an account in Defendant D’s name (enterprise E) on February 22, 2019; and (c) KRW 40,000,000 to an account in Defendant C’s name on February 25, 2019, respectively.
On the other hand, around February 21, 2019, Defendant D received the word “H-day loan” from the nameless person named as G director, and then sent the front photograph of the head of his corporate bank bank by hearing the phrase that he would have to create the transaction performance. On the following day, Defendant D withdrawn KRW 59,000,000 deposited in his corporate bank account and then delivered the gift certificate to the named person.
On February 23, 2019, Defendant C, after hearing the statement that it would be possible to grant a loan if he/she establishes the transaction performance from a person who was named as I, sent his/her front photograph of the passbook to his/her Suhyup Bank. On February 25, 2019, Defendant C withdrawn KRW 40,000,000 deposited in his/her Suhyup Bank account and delivered it to the person who was named as cash and merchandise coupon.
The Defendants were investigated under suspicion of violating the Electronic Financial Transactions Act, but were determined to have no suspicion because they did not transfer or lend the means of access, such as physical cards or passwords connected to the bank account.
[Ground of recognition] Facts without dispute, Gap 1, 2 and evidence Nos. 1, 2 and the purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion is primarily asserted that the defendants received transfer from the plaintiff without any legal ground and acquired the deposit claim equivalent to the amount, and thus return it as unjust enrichment. The defendants are held liable for joint tort as they participated in or aided the illegal act such as telephone financial fraud and facilitate it.
(b) Return of unjust enrichment;