(영문) 부산지방법원 2015.03.27 2014나44182

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(영문) 부산지방법원 2015.03.27 2014나44182

부당이득금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 10, 2013, the Defendant received a telephone call from a person who had misrepresented the employees of the Bank of Korea to open a Mappbook, and on the same day, issued the account of community credit cooperatives in the name of the Defendant (Account C) and the Map Card to the above person on the same day.

B. On September 13, 2013, the Plaintiff opened a Mabpbook up to the limit of KRW 80 million from a person who assumes a false person in charge of lending. However, due to a low credit rating due to an existing loan, the Plaintiff was made a telephone call for the need of repayment of existing loans and additional examination costs due to the low credit rating, and the Plaintiff transferred the total amount of KRW 26 million from the Nonghyup Bank account in the name of the Plaintiff to the above community credit cooperative account in the name of the Defendant five times as instructed by the said person.

(hereinafter referred to as “this case’s crimes”). (c)

The money transferred by the Plaintiff, as above, was withdrawn from September 13, 2013 to the next day by a person who was unable to receive his name.

【Reason for Recognition】 Evidence Nos. 1 through 3, Evidence Nos. 2 through 5 (including branch numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff allegedly transferred KRW 26 million to the account of the above community credit cooperative in the name of the defendant to the above community credit cooperative account in the name of the defendant, who was subject to the crime of Bophishing, and the defendant took part in the defendant's act of facilitating the crime of Bophishing by delivering the passbook and physical card in the name of the defendant to the non-resident. As such, the defendant is obliged to pay 26 million won and delay damages to the plaintiff due to tort.

B. Article 760(3) of the Civil Act provides that an aiding and abetting a tort shall be deemed a joint tortfeasor and imposes joint tort liability on the aiding and abetting person.

Assistance refers to any direct or indirect act that facilitates a tort, which is the compensation for damages.

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