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(영문) 부산지방법원 2014.11.20 2014가단11839
부당이득금반환 등
Text

1. The Plaintiff, Defendant B, D, and E, respectively, KRW 2,936,00 for Defendant C, KRW 2,060,00 for Defendant C, KRW 2,937,250 for Defendant F, and Defendant G for Defendant G.

Reasons

1. Basic facts

A. On December 2, 2013 or January 2014, the Defendants opened a deposit passbook, cash card, and bank password from an unqualified person on his/her name and opened a deposit account in his/her name, stating that he/she would lend money from a bank account or cash card, etc., and opened a bank account in his/her name.

B. On January 6, 2014, the Plaintiff: (a) received a phone call from the person who was unaware of the name, “two borrowed-name accounts in the name of the Plaintiff are registered; (b) may prevent damage to the registration of a new bank security card by accessing the website of the Financial Services Commission; and (c) entered a new bank security card number in compliance with his/her instructions by accessing the website of the Financial Services Commission, which was known by the persons who were unaware of the name of the Plaintiff; and (d) using the phone number to the Plaintiff’s new bank account in the name of Defendant B, D, and E; and (e) transferred KRW 5,872,00 from the Plaintiff’s new bank account to the Defendant’s account in the name of Defendant C; and (e) KRW 4,120,000 from the Defendant’s account to the Defendant F’s account; and (e) KRW 5,875,000 from the Defendant’s account to the Defendant G account.

[Reasons for Recognition] Defendant B, C, D, and G: each confession E, F: Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. In the case of joint tort under Article 760 of the Civil Act, one of the persons who jointly inflict damages on another person, joint tort is not necessarily required, and if an objective act is involved, joint tort is established, which is liable to compensate for damages caused by the act of common nature.

In addition, aiding and abetting in a joint tort refers to all direct and indirect acts that facilitate a tort, and it is an interpretation of the civil law that considers negligence as a matter of principle for the purpose of compensating for damages, unlike the criminal law.

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