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(영문) 수원지방법원안산지원 2015.07.24 2014가단35105
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around October 2014, Defendant B: (a) heard the statement that he would pay KRW 200,000 per week when sending a cash card via a phone from a person with no personal identity; (b) transferred the cash card in the post office account (Account Number) in Defendant B’s name using Kwikset Service; and (c) considering that Defendant D also would pay KRW 1,00,000-2,000 to 2,00,000 per week when sending a passbook via a phone from a person who was F around October 10, 204, Defendant C also transferred the bank account (Account Number:G) and cash card in Defendant D’s name-based account using Kwikset Service. At that time, Defendant C also transferred the means of access to Defendant C’s corporate bank account (Account Number: H) to a person with no personal name.

B. On October 16, 2014, the Plaintiff: “The money deposited in the account due to the divulgence of personal information may be removed from the overseas,” from a person who misrepresented him/her as his/her staff member; Hah., upon receiving a false phone, exchanged with a police officer or an employee of the National Security Agency in accordance with the instructions of the person who was not registered, and then remitted the total amount of KRW 67,940,000 to the account designated by the person who was not registered, as indicated below, according to the instructions of the person who was not registered.”

On October 16, 2014, the post office account (Account Number: E) in the name of Defendant B in the name of the defendant B, at around 26,000,000, the "Yansansan Japan Credit Union" located in the Dong-dong, Dong-gu, Dong-gu, Seosan City on October 16, 2014, at around 10:2,940,000 won, the corporate bank account (Account Number: H) in the name of Defendant C in the name of the defendant C at around 11:25,00 on October 16, 2014, at around 22,940,000 won.

C. On October 16, 2014, the nominal holder: (a) the sum of KRW 6,060,000 (transfer commission 4,100) from the above account in Defendant B’s name; (b) the sum of KRW 6,690,000 (transfer commission 4,900) from the above account in Defendant C’s name; and (c) the sum of KRW 18,90 from the above account in Defendant D’s name.

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