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(영문) 대구지방법원 2014.11.25 2014가단2478
부당이득금 반환
Text

1. The Plaintiff:

A. Defendant C’s KRW 6,561,199 as well as 5% per annum from January 7, 2014 to June 24, 2014.

Reasons

1. Basic facts

A. On January 7, 2014, the Plaintiff received a telephone from an unqualified person on his/her name, around 09:30.

The person whose name is not paid refers to the plaintiff's statement that "I will enter the public prosecutor's office's office's site that makes it possible to commit a crime by stealing the name, and enter the resident registration number and confirm the facts of crime." The plaintiff confirmed that there are several facts of crime. The above person who received the above name false statement that "I would like to make a friencing of money, regardless of the passbook or fund, and if the offender borrowed 30 million won as the security of the fund and deposits it to the account that he would come into his own account."

Accordingly, the Plaintiff transferred KRW 38,162,11 to the account that was not the recipient of the above name.

B. As a result, the total amount of KRW 7,00,000 was remitted to the Defendant Nonghyup Bank account, total of KRW 6,000,000, total of KRW 6,000,000 to the Defendant Woori Bank account, total of KRW 5,512,111, total of KRW 2,900,000 to the Defendant Woori Bank account, and total of KRW 1,750,000 to the Defendant Ko’s account.

C. Since then, the Plaintiff received KRW 438,801 from the Defendant C’s account, KRW 1,700 from the Defendant D’s account, and KRW 7,800 from the Defendant F’s account.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The main point of the Plaintiff’s assertion is that the Defendants could have sufficiently predicted that those who committed financial fraud can use them in committing the crime, but aiding and abetting the crime by providing their cash cards and passwords, etc., so the Defendants are liable to compensate the Plaintiff for the above amount of damages.

B. Defendant B’s assertion that the Defendants lent a passbook and a e-mail card to their friendship, but that e-mail lost it, and Defendant D.

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