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1. The Plaintiff, Defendant B, Defendant C, Defendant C, and Defendant D, Defendant D, KRW 3 million, and each of the said money, on January 2014.
Reasons
1. Basic facts
A. On January 14, 2014, Defendant B: (a) heard that Defendant B would make a loan from an unqualified person; (b) opened a post office account and transferred the above account number and the approval number for the withdrawal of money; and (c) hearing that Defendant C would make a loan from an unqualified person on January 14, 2014; (d) opened an account of KB National Bank and transferred the passbook and password to an unqualified person; and (e) hearing that Defendant D would make a loan from an unqualified person on January 14, 2014; and (e) obtained cash card and password from an unqualified person.
B. Around 12:00 on January 14, 2014, the Plaintiff received a false call from a person who made the misrepresentation of the Plaintiff’s third deceptive act, “Irre, Irre, Irre money needed,” and then transferred KRW 9 million to Defendant B’s post office deposit account, KRW 3 million to Defendant C’s KBK bank account, and KRW 10 million to Defendant D’s KBK bank account.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 2, the Postal Service Information Center of this Court, and the KB National Bank, the purport of the entire pleadings as a result of each order to submit financial transaction information
2. In the Plaintiff’s primary assertion, the Plaintiff, as seen in the basic facts, remitted money to the account held in the name of the Defendants without any legal ground, and the Defendants obtained profit equivalent to the remitted amount and incurred loss to the Plaintiff. As such, the Plaintiff is obligated to return the said money to the Plaintiff with unjust enrichment.
(However, since Defendant B’s account balance was returned to the Plaintiff, Defendant B had a duty to return KRW 8 million to the Plaintiff). In preliminary view, the Defendants could have sufficiently anticipated that the Defendants could use the financial fraud in committing a criminal act, but the passbook, account card, and password.