손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. During the period from July 4, 2016 to July 5, 2016, Nonparty B, who was misrepresented by an investigative agency, remitted the sum of KRW 6,770,000 from one bank C to one bank’s own account. Of that, KRW 16,685,000 (hereinafter “the instant remittance amount”) was again remitted to the Defendant bank account under the Plaintiff’s name (hereinafter “the Plaintiff bank account”).
B. The Plaintiff transferred KRW 10 million out of the remittance amount of this case to E account, and KRW 6,523,353 in the Plaintiff’s account remaining.
C. B reported the fact of damage to the police station on July 5, 2016. On July 6, 2016, one bank filed an application for remedy for damage pursuant to the Enforcement Decree of the Special Act on the Prevention of Damage Caused by Telecommunications-based Financial Fraud and the Refund of Damages (hereinafter “Special Act”), Han Bank suspended payment to the said C and D accounts, and at the request of one bank, the Defendant also suspended payment to the Plaintiff’s account, etc. on the same day, and notified the Plaintiff, the nominal holder.
After that, on July 15, 2016, the Financial Supervisory Service publicly announced that the procedure for extinguishment of claims shall commence with respect to KRW 6,523,353, and KRW 10,000 transferred to the Plaintiff’s account under the name of the relevant special law. On September 20, 2016, the said fact of extinguishment of claims was publicly announced on September 20, 2016 after two months from the date the commencement of the procedure for extinguishment of claims
E. The Financial Supervisory Service decided to refund 6,523,353 won and 10,000 won for the extinguishment of the Plaintiff’s claim to B, and notified the Defendant of the determination. On September 27, 2016, the Defendant paid KRW 6,523,353, and KRW 10,000 transferred to the Plaintiff’s account, which had been remaining in the Plaintiff’s account, to B as the refund of damages.
(hereinafter referred to as “instant refund”). [The grounds for recognition] Nos. 2 and 8, and Nos. 1, 2, 3, 4, 5, 6, and 7 are the cases where there are evidence No. 1, 2, 3, 4, 5, 6, and 7.