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(영문) 수원지방법원성남지원 2020.10.14 2020가단2839
손해배상(기) 청구의 소
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On December 19, 2019, Defendant B heard from a person who assumes a false representation in the customer support team E of the D organization to the effect that “the bank transaction performance or income evidence added to the bank transaction performance and the loan amounting to KRW 80,000,000,000 may be extended to a low interest rate, and sent a physical card connected to his own account (F bank G).”

On December 27, 2019, KRW 20 million was deposited in the said account in the Plaintiff’s name, and Defendant B transferred the amount of KRW 20 million on December 28, 2019 to the H Bank account under the Defendant C’s name according to the direction of the said person.

On the other hand, around January 7, 2020, Defendant C deposited KRW 5,987,600 in Defendant B’s account in the name of Defendant C.

B. On December 27, 2019, Defendant C sent a physical card linked to the bank account under its name (H bankJ) to the purport that “if a credit transaction grade is raised by conducting any work to add bank transaction records and income evidence, it may obtain loans at a low interest rate” from a person who assumes the representation of D organization customer support team I, Defendant C sent the physical card.

December 28, 2019

As indicated in the subsection, the KRW 20 million remitted by Defendant B was deposited into the said account, and deposited KRW 30 million in the said account in the name of the Plaintiff around January 2, 2020.

Around January 7, 2020, the Plaintiff deposited KRW 12 million in the said account in the Plaintiff’s name. Defendant C transferred KRW 5,987,600 to the F Bank’s account in accordance with the direction of the said person, and the remainder was immediately deposited.

C. On December 24, 2019, the Plaintiff listens to the purport that “the Plaintiff is a person eligible for loans from the K Association and is entitled to obtain a loan by raising the debt rate.” On December 16, 2019, the Plaintiff borrowed KRW 30 million from L Company on December 16, 2019, and deposits KRW 20 million with the F Bank account in the name of Defendant B on December 28, 2019 according to the order of the said person, and deposits KRW 30 million with the F Bank account in the name of Defendant B on December 31, 2019. The Plaintiff borrowed KRW 30 million from M Company and KRW 12 million from N Company and received the order of the said person.

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