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(영문) 서울북부지방법원 2020.07.01 2019나40155
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant I ordering payment in the following manner shall be revoked.

Defendant.

Reasons

Basic Facts

1) Around November 2017, upon the request of AH, Defendant E opened a passbook and account password connected to the NB bank account in Defendant E’s name. around March 2018, Defendant F opened an OTP card and account password connected to the Z bank account in Defendant F’s name upon the request of Defendant E, and around that time, Defendant E sent the above means of access in Defendant F’s name to Defendant E. (2) around April 2018 at the request of Defendant F. Defendant F. Defendant F. Upon receipt of the request of the Non-Name on the part of his name, Defendant I opened a cream card and an OTP card connected to the Z bank account in Defendant I’s name.

The Plaintiff was demanded to deposit 10,000 won in the name unexploited and Kakaox with the name unexploited account, and deposited 85,022,00 won in the name of the co-defendant B on March 18, 2018. From that time to April 9, 2018, the Plaintiff deposited 85,02,000 won in the name of safety deposit, additional deposit for refund, etc. on March 20, 2018. The KRW 10,000,000 won in the above N Bank account, 15,20,000 won in the name of Defendant E bank account, from March 21, 2018 to December 22, 2018, and KRW 5 million deposited in each of the above accounts with Defendant E’s name-exploited and deposited in each of the above accounts.

【In the absence of dispute, each entry of Gap evidence Nos. 1 through 30, and the purport of the entire argument of the plaintiff's assertion is the plaintiff's nameless winner's above fraudulent act and deposited each of the above money with the defendant's account in the name of the defendants. Since the defendants issued a passbook and cash card in the name of the defendants to the name defective person so that the defendants could easily prevent the above fraudulent act, the defendants are liable to compensate for the damages suffered by the plaintiff as joint tortfeasor under Article 760 of the Civil Act.

Therefore, Defendant E shall pay to the Plaintiff KRW 10 million, Defendant F shall be KRW 15 million, Defendant I shall be paid KRW 5 million, and Defendant I shall pay damages for delay on each of the above amounts.

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