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(영문) 의정부지방법원 고양지원 2018.05.10 2017가단18043
부당이득금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 26, 2017, the Plaintiff made a false statement to the effect that “the person who was unaware of his/her name who was misrepresented by the public prosecutor shall have to deposit in a safe account because he/she had opened a passbook in the name of the party and was used in illegal private financing,” and that he/she wired each amount of KRW 9.7 million and KRW 9.2 million and the sum of KRW 18.9 million to the accounts of community credit cooperatives in the name of the Defendant, designated by the person who was unaware of his/her name on the same day, and wired each amount of KRW 20 million to the agricultural bank account in the name of the Defendant B designated by the person who was unaware of the name on the same day.”

(hereinafter referred to as the “instant Bophishing crime”) B.

Defendant C withdrawn all of the KRW 20 million deposited in the above account on the same day and delivered it to the person under whose name the account was not opened.

C. 20 million won deposited in the Agricultural Cooperative account in Defendant B’s name was suspended due to a report on damage, and on January 3, 2018, KRW 8,510,638 won to the Plaintiff from the said account, KRW 11,489,361, and KRW 19,99,999 were transferred to Nonparty D as refund for damage.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3-1, 2, Eul evidence Nos. 3-1, 1, The Nonghyup Bank of this Court, the results of each order issued to submit financial transaction information to the Mine Jin-Jin Saemaul Cooperative, and the purport of the whole pleadings

2. The plaintiff's assertion

A. As a result of the Defendant’s primary claim (Claim for Return of Unjust Enrichment), the Defendants obtained benefits equivalent to the amount deposited in the account in the name of the Defendants as above without any legal ground, and the Plaintiff suffered losses equivalent to the same amount, and thus, the Defendants shall return the amount of unjust enrichment to the Plaintiff.

B. Preliminary claim (joint tort claim) even if the Defendants did not actively participate in the instant Bophishing crime, they could have sufficiently predicted that their account number may be used in the criminal act.

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