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1. The Plaintiff, Defendant B, as well as KRW 2,950,00,00 per annum from April 3, 2015 to October 6, 2015.
Reasons
1. The part of the claim against the defendant C and D
A. Claim No. 1) Since the Plaintiff transferred 6,020,000 won to Defendant C’s Busan Bank’s deposit account (Account Number E) by misrepresenting the Defendant’s employee of the Defendant C Public Prosecutor’s Office, the Plaintiff sought the return of the said money without any legal cause (the said money remains in the current deposit account).
2) Defendant D Public Prosecutor’s Office’s misrepresentation of the Defendant D Public Prosecutor’s Office is a tort damages amounting to KRW 2,500,000,000, which is equivalent to 50% (with regard to liability limitation) of Defendant D’s deposit account (Account NumberF) of Gyeongnam Bank.
(b) Judgment made by deeming each confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Part of the claim against the defendant B
A. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 2-4, Gap evidence 3, Eul evidence 1-3, Eul evidence 1-3, and the whole purport of the arguments in response to each order to submit financial transaction information to new banks, and the whole purport of the arguments.
1) On November 12, 2014, Defendant B, at the request of a person without a name who wants to get a loan, notified his name-based person of the card number and passwords, etc. necessary for cash withdrawal on November 14, 2014. (2) On November 14, 2014, the Plaintiff received a request from a person without a name who assumes the position of the public prosecutor’s office, to check the use of the one-time one, and then visited Defendant B’s own Korean currency investment securities account number, password, account number, resident registration number, and secret number, etc., and then transferred KRW 5,90,000 from the above account to the new bank account (H) account (the account number) of Defendant B from the above account, and notified Defendant B of the fact that the said money was transferred from his name-based person without a name to his own account.