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(영문) 창원지방법원 2015.09.03 2014가단26517
부당이득금반환 등
Text

1. Defendant B’s KRW 6,00,000 and its amount are 5% per annum from September 23, 2014 to January 26, 2015.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 and 2, taking into account the overall purport of the pleadings.

A. A. Around July 21, 2014, the person under whose name the Plaintiff was called a phone, misrepresenting the inspection of the high-tech financial investigation team of the Supreme Prosecutors’ Office and was involved in the case, and informing the Plaintiff of financial information, such as the Plaintiff’s account number and password.

B. Accordingly, on September 22, 2014, the Plaintiff was informed of the foregoing information to the name-based person, and on September 22, 2014, the name-based person transferred each of the accounts in the name of Defendant B, C, D, and E from the Plaintiff’s deposit account to each of the accounts in the name of Defendant B, C, D, and E, and transferred KRW 4.6 million to the account in the name of Defendant F and KRW 1.94 million to the account in the name

Most of the transferred money was immediately withdrawn.

2. Claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

c. Claim against Defendant C, D, E, F, and G

A. The Plaintiff’s assertion 1) In the first place, the Defendants, by remitting money in the account under the Plaintiff’s name to each account under the Plaintiff’s name, obtained profits without any legal cause, and thus, have the obligation to return this money to the Plaintiff as unjust enrichment. 2) In the second place, the Plaintiff was subject to telephone financial fraud from the person under the name of the Plaintiff, and the Defendants, despite the possibility of being used for the crime, transferred its passbooks, check cards, cash cards, etc. to the person under the name of the Defendants, and notified him of the passwords of the passwords intentionally or by negligence, thereby facilitating the Defendants’

Therefore, the Defendants are obliged to compensate the Plaintiff as a joint tortfeasor pursuant to Article 760 of the Civil Act.

B. As to the claim for return of unjust enrichment 1, the cause of account transfer between the remitter and the addressee is the cause of the account transfer.

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