logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.08.10 2015가단472
부당이득금반환
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 4,37,450, and Defendant E, KRW 2,473,850.

Reasons

On November 5, 2014, the Plaintiff received a telephone call from a person who was misrepresented by the NongHyup Bank staff at a low interest rate, and thereafter, the Plaintiff transferred KRW 5,803,300 to the new cooperation account in the name of Defendant B; KRW 7,250,00 to the account in the name of Defendant C; KRW 8,674,90 to the new cooperation account in the name of Defendant C; KRW 4,947,70 to the new cooperation account in the name of Defendant E; and the Defendants anticipated that the said bank account in the name of Defendant E can be used for the said telephone financial fraud; while the Defendants anticipated that the said bank account in the name of the Plaintiff could be used for the said telephone financial fraud, the Defendants are liable for damages equivalent to the amount of the Plaintiff’s transfer. As such, the Defendants are liable to compensate for damages.

However, despite the fact that the above telephone financial fraud was widely known, the Plaintiff did not follow the due process of confirmation, and it was recognized that the Plaintiff’s negligence contributed to the occurrence of damages, and in addition to all the circumstances indicated in the argument of the instant case, such as the content and motive of the Defendants’ aiding and abetting act and the purport of the damage compensation system, the fair burden of damages, etc., it is reasonable to limit the Defendants’ liability for damages to 50%.

Therefore, Defendant B shall pay 2,901,650 won (=5,803,300 won x 0.5), Defendant C shall pay 3,625,00 won (=7,250,000 won x 0.5) ; Defendant D shall pay 4,337,450 won (=8,674,900 won x 0.5) ; Defendant E shall pay 2,473,850 won (= 4,947,700 x 0.5 x 0.5) x 0 as sought by the Plaintiff after the date of each tort; from November 6, 2014 to August 10, 2016, 15% per annum under the Civil Act; and from the next day, from the day to the day of full payment.

arrow