2011Return of unjust enrichment, etc.

김○○ ( xXXXXX - XXXXXxx )

00,000 No. 00,000

Attorney Yellow-ho et al., Counsel for the defendant-appellant

The misuse of sub-agents

1. Abstract (xxx -xxx). xx (xx)

Busan Southern-ro No. 46-ro 7

2. 권○○ ( xxxXXX - XXXXXxx )

Daegu Dog-gu 000 Dog- Dog-is

May 3, 2012

May 24, 2012

1. The Defendants pay to the Plaintiff the amount of KRW 2,50,000 and each of the above money, calculated on January 27, 2012, the Defendant Kim Mai (hereinafter “Defendant Kim Mai”) with 5% per annum from December 14, 201 to May 24, 2012, and 20% per annum from the next day to the date of full payment. 2. The Plaintiff’s respective remaining claims against the Defendants are dismissed.

3. One-half of the costs of lawsuit shall be borne by the Plaintiff, and the remainder by the Defendants, respectively.

4. Paragraph 1 can be provisionally executed.

The defendants pay to the plaintiff 5,00,000 won and each of the above amounts with 20% interest per annum from the service of the copy of the complaint of this case to the day of full payment.

1. Joint tort under the Civil Act refers to all direct and indirect acts that facilitate the tort, without requiring a public invitation or joint perception among the actors, and if damage is caused by objective related collaborative acts, and "helping and abetting joint tort" refers to all acts that facilitate the tort. Thus, aiding and abetting by negligence can also be provided, and negligence in such a case refers to a violation of the duty of care on the premise that there is a duty of care not to assist the tort (see Supreme Court Decision 2009Da1313, Apr. 23, 2009, etc.).

2. In general, it is widely known that the act of transferring or taking over a passbook or cash card, which is the means of access to electronic financing under the Electronic Financial Transactions Act, is prohibited, and that the transfer of a means of access can be used in the case of transfer of a means of access since the financial fraud crime by Bosing is occurring across the country from several years. Thus, even if the Defendants conspired with the name not who directly committed a tort against the Plaintiff or did not actively participate in such criminal act, the transfer or taking over of the means of access to the electronic financing, which is prohibited from the transfer, at least, constitutes aiding and abetting the act of causing the crime against the name not wounded. Thus, the Defendants are the Defendants.

3. However, in the event that the crime of Boscing “Sphishing” by telephone also causes a big social problem, the Plaintiff was negligent in remitting money to the Defendants without going through a specific verification procedure, reliance on only the telephone content of the person under no name, and without going through a specific verification procedure. Such negligence of the Plaintiff is deemed to have contributed to the occurrence and expansion of damages. Therefore, it is reasonable to set the rate of negligence of the Plaintiff to 50%, taking this into account, and limit the Defendants’ liability for damages to 50%.

4. A cited part;

(a) Defendant Kim Mai-si: 2,500,000 won ( = 5,00,000 won x 50%);

(b) Defendant sphere ○: 2,500,000 won ( = 5,00,000 won x 50 percent);

Judges Hah Ho-ho