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1. The Plaintiff:
A. Defendant B: (a) KRW 5,000,000 for Defendant B; and KRW 7,000,000 for Defendant F for each of them; and (b) from October 18, 2014 to May 2015 for each of them.
Reasons
1. Around May 27, 2014, the Plaintiff: (a) called “the phone that he/she would issue a horsebook; and (b) from May 29, 2014 to June 12, 2014, the Plaintiff transferred from the Plaintiff’s account to the account in the name of the Defendants as shown in the attached Table, under the pretext that he/she would create the details of the loan repayment in accordance with the instructions of the said person in distress.
The Plaintiff received respectively refund of KRW 1,434,328 from the Defendant G’s account on October 30, 2014, and KRW 8,997,375 from Defendant D’s account on February 10, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 4 (including a branch number; hereinafter the same shall apply), this court's Korea Post, Incheon Saemaul Depository, Busan Bank, the National Saemaul Depository, the Gangnam-dong Saemaul Depository, the Gangnam-dong Saemaul Bank, the purport of the entire pleadings, as a result of each order to submit financial information to the Korea C&bank
2. Determination as to the cause of claim
A. The intent of the Plaintiff’s assertion is to transfer money from the Plaintiff’s account to the Defendants’ account, and the Defendants acquired deposit claims equivalent to the amount transferred without any legal cause. Therefore, the Defendants are liable to pay the remaining amount of remittance and delay damages to the Plaintiff due to the return of unjust enrichment.
Preliminaryly, the Defendants assisted the singishing fraud by transferring the account, etc. opened in their own name to another person, even though they have sufficiently predicted that the singisher could acquire money by deceiving the Plaintiff or use it for the singishing by using the account opened in his own name. As such, the Defendants, as joint tortfeasor, are liable to compensate the Plaintiff for the damages
B. A judgment without holding a claim against Defendant B and F (Article 208(3)1 of the Civil Procedure Act) (Article 208(1)1 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) is amended by the amendment of the provisions on statutory interest rate from October 1, 2015 to Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the statutory interest rate is 15% per annum
Defendant D,.