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(영문) 창원지방법원 2015.06.10 2015나3024
부당이득금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the purport of all pleadings as a result of the fact inquiry to the court of first instance, the court of first instance, the court of first instance, the court of first instance, the court of first instance, and the court of first instance:

Around April 7, 2011, the Defendant, using Kwikset Service, transferred a copy of the passbook and cash card, and a password connected thereto (hereinafter referred to as “Access Media”) in the name of the Defendant, to the above party, using Kwikset Bank Service, for the purpose of obtaining credit loans from him/her.

B. On April 8, 2011, the Plaintiff received a call from a public official of Kti and a person under whose name the police officer misrepresented to the effect that “the rate was unpaid. If a bank transfers a deposit in another bank, it is intended to recover money from the offender.” On April 11, 2011, the Plaintiff opened a bank passbook in the name of the Plaintiff in accordance with the order of the said person under the name of the deceased, thereby transferring KRW 4,80,000 to the said agricultural bank account in the name of the Defendant.

(2) On February, 200, the Plaintiff’s assertion that the Defendant provided the Defendant’s means of access to the above person under his name and participated in the Defendant’s instant phishing crime. As such, the Defendant is obliged to compensate the Plaintiff for the damages incurred by the Plaintiff.

3. In order to impose liability for joint tort as an negligent aiding and abetting another person’s tort, a proximate causal relation should be acknowledged between aiding and abetting act and the occurrence of damages by the victim’s tort. In determining a proximate causal relation, the predictability of the circumstances that facilitate the tort by negligence, as well as the probability of predicting the situation that the tort by negligence, the impact of the damage by negligence, the degree of contribution to the formation of the victim’

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