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(영문) 서울중앙지방법원 2015.09.15 2015나31239
부당이득금 반환
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

In the statement Nos. 1, 2, 1, 2, and 3, the whole purport of the pleadings is comprehensively added to the statement of evidence Nos. 1, 2, and 1, 2, and 3: (1) The defendant received mobile phone text messages from the person who is called the team leader of the C and wants to get loans from the bank; (2) the plaintiff sent a copy of passbook and cash card to the Kwikset Service on September 2, 201; and (2) the plaintiff was investigating the financial case from the person who is the employee of the Seoul District Public Prosecutor's Office on September 5, 201, and the plaintiff was found to have the Plaintiff's one-way account opened on the above Internet site with the phone number, account number, etc.; and (3) the defendant's new bank account number, account number, etc. entered the plaintiff's bank account in the above Internet site; and (4) the defendant's new account number, account transfer account number, and (3) the defendant's new account transfer was withdrawn from the Defendant's account.

The Plaintiff asserted that the Defendant was negligent in aiding and abetting the Defendant to commit the instant Bosing, and thus, that the Plaintiff is liable to compensate for the Plaintiff’s loss (it does not mean that the Defendant intentionally obstructed or aided the instant Bosing crime). However, in order to recognize liability for damages to the transferor of the means of access, such as passbook, based on the specific circumstances at the time of transfer, it constitutes an individual transaction conducted through the means of access, based on the specific circumstances at the time of transfer, and that it would facilitate the tort by allowing the use of such means of access to facilitate the tort, a proximate causal relationship between the transfer of the means of access and the damage caused by the tort

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