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(영문) 서울동부지방법원 2012.05.21 2011가단64844
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. At around September 11, 201, the Plaintiff entered one’s Internet banking and credit card information by accessing the Internet site on which it was impossible to know the name leading to the prosecution investigator (hereinafter “persons without a name”) to the effect that “the Plaintiff’s bank account was used in the illegal money laundering and the Plaintiff’s protection should be provided to the Financial Supervisory Service for the said account.”

B. The bearer’s name omitted received a credit card loan from the above credit card information and received it from the Plaintiff’s above bank account, and then transferred the above money to Defendant B and C’s bank account by dividing the above amount into KRW 6,100,000, and KRW 5,200,000, and KRW 3,000,000, respectively.

C. Meanwhile, the Defendants received a telephone or mobile phone text message to the effect that, around September 201, prior to each of the above accounts transfer, “the need to get a loan” or “the need to get a loan”, and around that time, the Defendants did not receive a loan in the end, even though they did not receive a copy of their respective deposit passbook, cash (ckwikset) card, etc. from a person under whose name they had been named.

【Ground for recognition】An absence of dispute, entry of Gap evidence 1-3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the cause of the claim aids and abets the Plaintiff from committing the so-called phishing fraud by placing a copy of the deposit passbook opened in his name in his name and cash card. The Defendants, who are the tort of aiding and abetting and abetting and abetting and abetting the Plaintiff by negligence, are liable to pay each of the above transfer amounts and damages for delay corresponding to the damages incurred by the Plaintiff from the commission of the phishing fraud of the phishing, to the Plaintiff.

B. Article 760 of the Civil Code provides a false judgment.

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