logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.03 2014가단5073599
부당이득금 등 청구의 소
Text

1. The Plaintiff:

A. Defendant B’s KRW 2,757,400 as well as 5% per annum from October 15, 2013 to April 3, 2015.

Reasons

1. Basic facts

A. On October 14, 2013, the Plaintiff received a telephone station and police station staff call from an unqualified person who misrepresented himself/herself to the effect that “I need to leak financial information and investigate a large passbook.” As he/she instructs, the Plaintiff transferred money from the bank account under the Plaintiff’s name to each account indicated in the column of “Account” in the attached Table in the name of the Defendants (hereinafter “each of the instant accounts”).

On the same day, the person who was unaware of the name had withdrawn each money indicated in the "amount of withdrawal" column in the same list among the money transferred from each of the instant accounts on the same day, and the Plaintiff was subsequently refunded each money indicated in the "amount of refund" column in the same list.

B. Meanwhile, the Defendants: (a) opened each of the instant accounts in their own name from October 4, 2013 to October 11, 2013, following the Defendants: (b) issued cash cards, etc., with respect to each of the instant accounts to the bearers; and (c) notified the password to the bearers.

[Reasons for Recognition]

(a) Defendants B, D, and E: The facts without dispute, Gap 1-3 evidence, Gap 5,6,9, 11, and 12 evidence, Eul 1 (including each number), and the purport of the whole pleadings

(b) Defendant C: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act)

(c) Defendant F and G: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

2. Determination:

A. In the case of joint tort under Article 760 of the Civil Act, one of the persons who jointly inflict damages on another person, the joint tort is not required as well as the conspiracy among the actors. However, if the joint tort is objectively involved, it is sufficient that the joint tort has occurred, and the joint tort is established, which bears liability for damages as a result of an objectively related joint act.

aiding and abetting in joint tort means a tort.

arrow