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(영문) 의정부지방법원 2015.06.16 2014가단36740
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 22, 2014, the Plaintiff may obtain a loan of KRW 80 million from the National Diplomatic Fund at an annual interest rate of 3.5% from a person who has no personal seal in name. The Plaintiff’s loan is required to undergo an examination at the asset construction corporation, and thus, he/she received a credit card loan, etc. and deposited the loan into the bank account in the Plaintiff’s name, and then received an Internet banking information such as the OTP number, etc. from the Plaintiff, and thereafter, he/she was transferred from the IB K Enterprise Bank Account (F) account in the name of the Plaintiff by providing Internet banking information, such as his/her OTP number, and then transferred the loan to 38,840,000 won in total from each bank account in the name of the Defendants (hereinafter “the bank account in this case”).

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

The money transferred as above to the bank account in the name of the Defendants was almost all withdrawn through the name incompetence on the same day.

C. Meanwhile, around June 23, 2014, the Defendants provided loans to the bearers of the instant bank account in the name of the Defendants, and issued the passbook, cash card, etc. under the name of the Defendants.

[Grounds for Recognition: Facts without dispute; Gap evidence Nos. 1, 2, Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1; the purport of this Court's order for submission of each financial transaction information to Korean Investment Securities Co., Ltd., Samsung Securities Co., Ltd., future Co., Ltd., Hyundai Securities Co., Ltd., Hyundai Securities Co., Ltd., and Korean

2. The plaintiff's assertion is that the sum of 38,840,000 won was transferred from the bank account under the name of the defendants to the bank account under the name of the defendants in the name of the plaintiff, and the above amount was withdrawn by the name wounded. As to the amount so withdrawn, the defendants' assertion is that the bank account under the name wounded in the name of the defendants.

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