logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2015.06.16 2014가단30253
부당이득금반환 등
Text

1. The Plaintiff:

A. Defendant C shall pay KRW 5,969,09 and a rate of 20% per annum from March 21, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. On August 30, 2014, around August 30, 2014, the Plaintiff’s smartphones continued to hold a pop-up shop with the purport to subscribe to electronic financial fraud prevention services.

On August 31, 2014, the Plaintiff confirmed pop-up messages to subscribe to the bank system strengthening service, and entered the account number, security card number, and password of the new bank.

B. On August 31, 2014, using the Plaintiff’s financial transaction information in the foregoing manner, the name-freeist transferred KRW 5,980,856 in total from the Plaintiff’s new bank account (H) to the Plaintiff’s account under the name of the Defendant B, KRW 5,970,000 in total to the Defendant’s bank account, KRW 5,970,015 in total to the Defendant’s post office account, and KRW 5,960,008 in total to the Defendant’s community credit cooperatives account, KRW 2,50,000 in Defendant F’s community credit cooperatives account, and KRW 2,50,000 in total to the Defendant’s foreign exchange bank account.

C. The name-in-factor deposited most of the money immediately after the aforementioned transfer, and the Plaintiff received money remaining in the said account from the Defendants, and the amount that was not returned became the money stated in the claim.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, the purport of the whole pleadings

2. Assertion and determination

A. The Defendants, as the cause of the Plaintiff’s claim, are responsible for compensating the Plaintiff for damages, since they participated in the tort committed by the unlawful act of the deceased and thereby inflict damages equivalent to the above amounts.

According to the policy of the financial supervisory authority, when opening a passbook from November 1, 2012, the illegality of the transfer of the passbook should be confirmed. The defendants transferred the passbook to a person who is not aware of the illegality of the transfer of the passbook.

B. As to the Plaintiff’s assertion regarding Defendant C and F, the said Defendants are deemed to have led to confession pursuant to Article 150(1) of the Civil Procedure Act.

C. (i) In the event an electronic financial transaction is conducted through the means of access, the legal effect under such electronic financial transaction is beyond imposing on the holder of the means of access.

arrow