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(영문) 의정부지방법원 2015.04.28 2014가단8684
손해배상
Text

1. Defendant E shall pay to the Plaintiff KRW 2,00,000 as well as 20% per annum from October 18, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. From December 13, 2013 to the 16th day of the same month, the Defendants issued the account passbook, cash card, password, etc. in the name of the Defendants to the above party on the ground that the Defendants provided a loan to a false name-based employee of a financial company.

B. On December 16, 2013, the Plaintiff: (a) heard the rumor that “I would obtain a loan of KRW 40 million from a person who is an employee of the Agricultural Cooperative, who is an employee of the 5.4% low interest rate; (b) would have to repay the existing loan to the employee; (c) would have to pay the loan to the employee; and (d) thereafter, transferred the same amount as indicated in the “transfer amount” column by the Defendant on the attached Table from December 16, 2013 to December 20 of the same month from the account in the name of the Plaintiff and the 20th of the same month to December 16, 2013.

(hereinafter “this case’s Bosing crime”). (c)

The money transferred by the Plaintiff as above was immediately or immediately withdrawn from the account after the transfer through a name-free box by the next day or the next day.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1, 2, and 3 (including each number), and the purport of this court's order for submission of each financial transaction information to the old and US agricultural cooperatives, the government agricultural cooperatives, the Korea Post, the organization agricultural cooperatives, the North Tobacco Producers Cooperatives, and the Nonghyup Bank Co., Ltd., the whole purport of the

2. The plaintiff asserted that the plaintiff transferred money as stated in the "transfer amount" column by the defendant as stated in the attached Table by the defendant, to the account in the name of the defendant, because it falls under the crime of Bophishing in this case of the person who was not registered. As to the amount between the person who was not registered and withdrawn from each of the above accounts, the defendants participated in preventing the crimes of Bophishing in this case by issuing the passbook, cash card, and password in the name of the defendants to the person who was not registered, so that the defendants could easily prevent the crimes of Bophishing, each of the joint tortfeasor

3. Determination as to claims against Defendant B, C, D, and F

(a)in this case;

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