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(영문) 서울북부지방법원 2015.02.03 2014가단12895
부당이득금
Text

1. The Plaintiff:

A. Defendant B shall be KRW 5,950,000 and a rate of 20% per annum from August 13, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. On February 21, 2014, the Defendants sent one cash card linked to the Agricultural Cooperative Account through Kwikset Service to a nameless person who assumes the staff of the Smart Savings Bank, and notified the password by telephone.

B. On February 24, 2014, the Plaintiff was called to the effect that “the Plaintiff would have left the phone because it did not pay the phone fee,” and that “the Plaintiff would safely protect the money in the deposit account because personal information was disclosed.” The Plaintiff was called to the effect that “the Plaintiff would contact the Financial Supervisory Service and preserve the deposit account by communicating personal information from another person who misrepresented the police, because personal information was disclosed.”

Then, the Plaintiff received a call from a nameless person who misrepresented the employee of the Financial Supervisory Service to the effect that “all money in the Plaintiff’s bank account is transferred to the Plaintiff’s single bank account and the money deposited in the Han Bank account is returned to each of the Defendants’ respective agricultural banks in the name of the Defendants.”

C. The Plaintiff transferred KRW 35,800,000 (Defendant B, C, D, F, and KRW 5,950,000, each of the Defendant E, and KRW 6,000,00, in total, to each of the agricultural cooperatives under the Defendants’ names, based on the phone in the above name in the name of the Defendants.

(hereinafter “this case’s Bosing phishing crime”). 【No dispute exists, entry of Gap’s 1 through 7 evidence, the result of the order to submit financial transaction information to the Nonghyup Federation of this Court, the purport of the entire pleadings as a whole.

2. The plaintiff's assertion is selectively asserted as follows. A.

The defendants are obligated to pay the plaintiff the money stated in the claim and damages for delay because they transferred the money of each claim stated in the claim from the plaintiff without any legal grounds due to the deception of the above person under the name of the plaintiff, and the plaintiff suffered damages equivalent to the same amount.

B. The defendants are names of those who are not given their names.

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