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(영문) 서울서부지방법원 2015.09.24 2014가단25446
부당이득금반환
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 5,925,00 and for this, KRW 5% per annum from May 16, 2014 to January 2, 2015.

Reasons

1. As to the claim against the defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against Defendant D and E

A. Basic facts (1) On May 16, 2014, the Plaintiff deposited the deposit, installment savings, etc. of a national bank account, which was opened a new bank account, with the phone call, from a person in unsound name who misrepresented the prosecution at around 15:00, “Seoul Central District Prosecutor.” The Defendant arrested the offender at an investigative agency, and the personal account was used for the crime. In order to ensure the security of the damage, the Plaintiff deposited the deposit, installment savings, etc. of the national bank account, which was opened a new bank account, with the phone call, into the said account. The Plaintiff again heards that, as a matter of his name, the financial information was known, such as the bank account number, password, initial opening number, mobile phone certification number, and the mobile phone identification number, and provided information to the public.

(2) The sum totaling KRW 5,955,500 was transferred from the single bank account in the name of the Plaintiff to the Hyundai Savings Bank account in the name of the Defendant D, and KRW 5,843,000 was transferred to the post office account in the name of the Defendant E.

(3) After that, the Plaintiff reported to the police on the ground that the Plaintiff was subject to financial fraud.

(4) The amount of KRW 9,200 in the Hyundai Savings Bank account in Defendant D’s name, and KRW 9,400 in the post office account in Defendant E’s name (the balance before the transfer of money from the Plaintiff’s account was KRW 421), respectively, was all deposited in money transferred from the Plaintiff’s account.

(5) The Hyundai Savings Bank Account in Defendant D’s name was opened on May 14, 2014, and the post office account in Defendant E was opened on February 11, 2005. At the time of the opening of the said account, Defendant D was notified of the following: “When the account is transferred to another person, the account and cash card may be liable for damages, and may be punished by the Electronic Financial Transactions Act.”

(6) Post offices in the name of Defendant D and Defendant E.

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