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(영문) 창원지방법원 2015.01.20 2013가단33082
부당이득금
Text

1. The Defendant’s KRW 10,145,00 for the Plaintiff and 5% per annum from December 3, 2013 to January 20, 2015.

Reasons

1. It shall be as shown in the attached Form stating the cause of the claim;

2. Article 208 (3) 3 of the Civil Procedure Act:

3. Part 3 of the dismissal

A. The establishment of a joint tort (1) is not only a conspiracy among actors, but also a joint tort under Article 760 of the Civil Code, which causes damage to another person jointly, but also a joint tort which does not require a joint perception. However, if the joint tort is objectively related to the joint tort, the joint tort is established, which is sufficiently sufficient, and is liable to compensate for the damage due to the occurrence of the damage by the pertinent joint act.

Assistance in joint tort refers to all direct or indirect acts that facilitate tort, and unlike the Criminal Act, the interpretation of the Civil Act that recognizes negligence as a matter of principle for the purpose of compensating for damages, unlike the purpose of compensating for damages, is able to assist by negligence. In this case, the content of negligence refers to a breach of this duty on the premise that it has a duty of care not to assist in tort.

(2) On the other hand, in the event an electronic financial transaction was made through the means of access, to impose liability for damages caused by negligence on the transferor of the means of access on the ground that the legal effect by such electronic financial transaction exceeds the burden on the holder of the means of access, and constitutes a tort, in order to impose liability for damages caused by negligence on the transferor of the means of access on the grounds that such individual transaction constitutes a tort, based on the specific circumstances at the time of the transfer of the means of access and the fact that the use of the means of access would facilitate the tort by allowing the transferor to

(See Supreme Court Decision 2005Da21821 Decided July 13, 2007).

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