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(영문) 서울북부지방법원 2015.02.16 2014가단2997
부당이득반환 등
Text

1. As to the Plaintiff, Defendant B’s KRW 2,388,145, Defendant C’s KRW 2,388,146, Defendant D’s KRW 4,776,292, and each of the said money.

Reasons

1. Grounds for claim;

A. On December 18, 2013, the Plaintiff entered the Plaintiff’s financial transaction information in accordance with the direction of the above-mentioned person, after accessing the Internet address of the public prosecutor’s office because the Plaintiff’s passbook was used for the crime and the money in another account was transferred to the National Treasury.

Afterwards, using the Plaintiff’s above financial transaction information, the person in unsound name transferred KRW 5,970,364 from the Plaintiff’s financial institution account to the Nong Bank account in Defendant B’s name, KRW 5,970,366, and KRW 11,940,732 from the Plaintiff’s financial institution account in Defendant C’s name to the Nong Bank account in Defendant C’s name, and then fully withdrawn the above amount.

B. On December 2013, the Defendants issued the account and passwords of the above financial institution in its name to the person who was named in the name of the Defendants, stating that they would offer a loan brokerage from the person who was named in the name of the Defendants.

2. According to the facts of recognition of tort liability, the defendants could have sufficiently predicted that, at the time of transfer of the passbook opened in their name to a nameless person, the passbook could be used for the so-called "walphishing" through deceiving many and unspecified persons, such as the plaintiff, and allowing them to deposit the passbook from the plaintiff, and even though the defendants did not actively participate in the criminal act of "walphing", the defendants, at least by transferring the passbook, have made the above criminal act easy and carried out it. Thus, the defendants are liable for compensation for the damage as joint tortfeasor pursuant to Article 760 of the Civil Act.

However, as the plaintiff's negligence contributed to the occurrence and expansion of the damages of this case, the liability of the defendants for the damages of this case shall be limited to 40% as claimed by the plaintiff.

[Reasons for Recognition] Defendant B and C: Confession.

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