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(영문) 수원지방법원 2016.08.25 2015나39538
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Facts of recognition;

A. On June 4, 2014, the Defendants heard the horses that each lend KRW 2,00,000,000 from a person who was named in the name of the Defendants, and according to the instructions, they opened a bank account in the name of the Defendants through the FF-city bus carriage, and set up a debit card issued under the name of the Defendants.

B. On June 5, 2014, the Plaintiff received a telephone from those who misrepresented with a financial institution and the names of those who had no access to the account opened in the name of the Plaintiff to commit an international remittance case. The Plaintiff transferred the money in the current account in the name of the Plaintiff, instead of being present at an investigation agency, to the account in the name of each investigator, to return it again after arresting the suspect of the crime, if the Plaintiff intends to withdraw it.

C. Accordingly, the Plaintiff transferred KRW 4,100,000 from his own account to the account of the Geumsan Saemaul Depository in the name of Defendant D (Account Number G) and KRW 6,00,000 to the account of the Geumsan Saemaul Depository in the name of Defendant E, respectively, as the names of those who were not registered, and immediately thereafter, they withdrawn all the above amounts from the account of the Geumsan Saemaul Depository in the name of the Defendants.

【Fact- without dispute over the basis of recognition】The evidence No. 1, Gap evidence No. 2-1, Gap evidence No. 3, Eul evidence No. 1 through 3, the result of the order issued by the court of the first instance to submit financial information to the Geumsan Saemaul Depository of the first instance, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Defendants, while recognizing that their respective deposit accounts can be used for the crime, illegally transferred or lent them in order with the bearers or by aiding and abetting the crimes committed by the bearers, thereby obtaining money from the Plaintiff. As such, the Defendants are liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to joint tort. (2) The Plaintiff is liable to compensate the Plaintiff for the damages caused by the act of deception by the bearers in the name of the Defendants.

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