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(영문) 부산지방법원 2014.12.09 2013가단97126
손해배상(기)
Text

1. The Plaintiff:

A. From November 4, 2013 to January 29, 2014, Defendant B: (a) 20,000,000 won; and (b)

(b) the defendant.

Reasons

1. Facts of recognition;

A. On October 25, 2013, the person in whose name the account holder sent a deposit passbook to Defendant C and made a transaction record and made it false that he/she will open a Masp account if he/she informs the account password, and the defendant C sent the passbook in the name of the defendant C, the passbook in the name of the defendant C and the cash card in the account in the name of the defendant C, and notified the person in whose name the account holder was named.

B. On November 1, 2013, when sending a deposit passbook and a cash card to Defendant D, the person under whose name the personal name was omitted, the person asked Defendant D to ask for the loan by inquiring about the deposit passbook and receiving the loan, and the Defendant D notified the person under whose name the personal name was omitted of the information on the post office passbook, cash card, and account password.

C. On November 1, 2013, the Plaintiff received a call from a person in bad name, to the effect that “if immediately repaid immediately after obtaining a loan, it may be changed to a low-interest financial product, due to a higher credit rating.” On November 1, 2013, the Plaintiff transferred KRW 10,000,000, in total, to the Nonghyup and the post office passbook in the name of Defendant B, each of the totaling KRW 10,000,000, and on November 1, 2013, to the passbook in the name of Defendant C, 6,010,000,000, and 3,006,000,000 to the post office in the name of Defendant D, respectively.

The person who has lost the name shall withdraw the total amount of KRW 29,016,000 from each account specified in the preceding paragraph four times and shall obtain it by fraud.

E. Meanwhile, around October 2013, Defendant B was ordered to receive the price from the person who was unaware of his name, and delivered each cash card to the person who was unaware of his name, and notified each password information. However, on April 8, 2014, Defendant B received a disposition of suspension of indictment on the ground that “the crime was committed and there is no substantial benefit” from the prosecutor of the Busan District Prosecutors’ Office, and Defendant C and D were subject to a disposition of lack of suspicion (Evidence).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

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