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(영문) 광주지방법원 2021.01.15 2020나52695
손해배상(기)
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

Reasons

1. Basic facts

A. On May 21, 2019, the Plaintiff was granted a loan of KRW 18.8 million in total from C company around May 24, 2019 to D bank accounts in the name of the Plaintiff, including a loan of KRW 95 million from C company around May 27, 2019, in accordance with the direction of a person without his/her name, who assumes the police at around 11:00 on May 21, 201, and was transferred to D bank accounts in the name of the Plaintiff.

In addition, the above D Bank account in the name of the plaintiff was also kept 60 million won of the sales price of the shares held by the plaintiff.

B. Around 16:02 on May 24, 2019, a person in unsound name transferred KRW 68,4610,000 over 28 occasions, including the transfer of KRW 96 million from the said D bank account under the Plaintiff’s name to the F bank account under E, using a remote control program installed in the Plaintiff’s portable phone. Around June 3, 2019, KRW 10,200,000 was transferred to the G bank account under the Defendant’s name (hereinafter “instant account”).

(c)

Since then, according to the special law on the prevention of damage to telecommunications financing fraud and the refund of damage money upon the Plaintiff’s request, the suspension of payment and the commencement of the procedure for the extinguishment of the claim to the account of this case was completed according to the Defendant’s objection raised pursuant to Article 7 of the same Act.

【Unfounded Grounds for Recognition】 Each entry in Gap evidence 1 through 4 (including each number; hereinafter the same shall apply), and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the money deposited in the account of this case was due to the crime of Bosing, etc., but it was sufficiently recognizable that the money was exchanged for the above money and facilitates the illegal act of the persons without a name. As such, the plaintiff is liable to compensate for the damages suffered by the plaintiff as a joint illegal act aiding and abetting the illegal act of the persons without a name.

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