부당이득금반환 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 4, 2013, the Plaintiff entered the Plaintiff’s account number, password, and security card number on the phishing site, as the Plaintiff received a phone call from a person who misrepresented an investigator of the Seoul Central District Prosecutor’s Office from a person who misrepresented the investigator of the Seoul Central Prosecutor’s Office.
B. In the Plaintiff’s account to KRW 11,990,00, from the Plaintiff’s account to the Defendant’s name account; KRW 12,00,000 to the account under Defendant C; KRW 11,970,00 to the account under Defendant D’s name; KRW 12,00,000 to the Defendant E’s account; and KRW 3,950,000 to the account under Defendant F’s name.
C. The Defendants were indicted on summary charge of violating the Electronic Financial Transactions Act under the Changwon District Court Jinju Branch Decision 2014 high-level 552. The Defendants were issued a summary order of KRW 2,00,000, respectively, for the criminal facts that the Defendants transferred the means of access to electronic financial transactions to a third party. The Defendants issued a summary order of KRW 3,00,000, respectively.
[Ground of recognition] Facts without dispute, entry of Gap1 to 3 evidence (including each number), the purport of the whole pleadings
2. The plaintiff's assertion was made to transfer KRW 51,910,000 from the plaintiff's account in the name of the plaintiff to the defendant's account in the name of the defendant. The defendants aiding and abetting the defendants to readily block the crime of this case by issuing a copy of the passbook, cash card and password to the name of the defendants. Thus, the defendants are liable to compensate the plaintiff as a tort of aiding and abetting pursuant to Article 760 (3) of the Civil Act.
3. Article 760(3) of the Civil Act provides that an aided or a aided person shall be deemed a collaborative act, and imposes liability on an aided person as a joint tortfeasor. The aiding and abetting person refers to all direct or indirect acts that facilitate a tort, and it refers not only to acts committed but also to various measures that should be taken by a person obligated to act.