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(영문) 부산지방법원 2014.06.13 2013가단43952
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On August 20, 2012, Defendant C opened an agricultural bank account (D) and sent cash cards, etc. to the bank after contact with the head of the Tong, cash cards, passwords, etc. necessary to get the loan from a person without his/her name, around August 2012.

(2) On May 3, 2013, Defendant B received text messages on the loan advertisement of a person without his name from the cell phone, and contacted at this place, and told Defendant B would make the loan available up to the limit of KRW 20,000,000 by referring to the document as if he had served for one year in the company of the lending business operator on the face of NAN-si.

Defendant B intends to obtain a new loan to substitute the loan due to the high interest rate of the existing loan, and the terms and conditions of the loan are five years with maturity and 6-9% with interest rate per annum, and the cash card is promised to receive a return through Kwikset service article if the person who received the false name was a telephone. On May 8, 2013, Defendant B opened the Agricultural Bank Account (E) and sent the passbook, cash card, etc. through Kwikset service.

B. On May 9, 2013, the Plaintiff: (a) received a call from an unqualified person who misrepresented the public prosecutor’s office; and (b) transferred KRW 17,000,000 from his Busan Bank’s deposit account (F) to the Nong Bank account under the name of the Defendant B, as the Plaintiff instructed to the effect that “the Plaintiff’s deposit was at risk of personal information outflow; and (c) safely transferred KRW 17,00,000 from his Busan Bank’s deposit account (F).

In addition, around 12:35 on the same day, 4,00,000 won was transferred to Defendant C’s said Nonghyup bank account by opening a new account of community credit cooperatives (Yansandong Saemaul Bank G), which is capable of telebanking according to the guidance of persons without name. Of the above money, 3,90,000 won was transferred to Defendant C’s said Nonghyup Bank account.

Money deposited in the Defendants’ account was immediately withdrawn.

(hereinafter “this case’s Bosing crime”). / [Grounds for recognition] without dispute, Gap’s 1, 2, and 3 evidence, Eul’s 1 to 4, and Eul’s 1 evidence.

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