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(영문) 수원지방법원여주지원 2015.07.09 2014가합1774

부당이득금

Text

1. The Plaintiff, Defendant D’s 23,860,00 won, Defendant F’s 11,980,000 won, Defendant H’s 3,980,000 won, and each of them on September 2014.

Reasons

1. Common factual relations;

A. (1) On June 2, 2014, the Plaintiff: (a) obtained a phone call from any arbitr who assumes the I of the Gangnam branch of the NA (hereinafter “instant perpetrator”) to the effect that “it is possible to extend a loan from KRW 83 million to KRW 90 million on credit through the Happiness Fund; and (b) applied for a loan of KRW 84 million by accessing the Internet Asset Management Corporation website immediately after immediately accessing the Internet site of the said Korea Asset Management Corporation.”

(2) On June 5, 2014, the Plaintiff received a telephone call from another group of other members who misrepresented the Korea Asset Management Corporation employees to the effect that “I would make a new application for a loan due to the collision of flusium I and then make a re-application through that person after making a telephone conversation with flusium I.

B. After the Plaintiff’s provision of financial information to the instant perpetrator and the transfer of the Defendants’ accounts (1) around June 9, 2014, the Plaintiff received a call from the instant perpetrator to the effect that “I would make an application for a loan on behalf of the Plaintiff,” “I would be known of both the Internet banking password and account transfer password, etc. after obtaining a new authorized certificate.” and notified the Plaintiff of all of the said financial information.

(2) On June 10, 2014, the instant perpetrator, etc. transferred total of KRW 128,840,000 from the Agricultural Cooperative Account (Account Number: J, K, and L) under the Plaintiff’s name to the Defendants’ account in total of 25 times as shown in the following table.

No. 5,980,000,000 23,710,000 2,000 3 8,970,000 3 5,960,00 4 5,960,000 5,940,00 5,940,000 5,000 5,940,5500 35,000 6 32 5,9000 5,900 35,000 35,000 30,000,000 7 future 5,90,00 5,910,000 3 5,920,00 8 30,00 5,930,00 10,00 105,05 10,05 1,005 1,005 1,005 10