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(영문) 서울중앙지방법원 2014.12.19 2014가단30856
부당이득금반환 등
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 5,993,200, and Defendant E, KRW 2,99,762, respectively.

Reasons

1. Determination as to the claim against Defendant D and H

A. The indication of the claim: on December 19, 2013, the Plaintiff received a telephone from a person who assumes the position of the Seoul Central District Prosecutor's Office in Seoul Central District Public Prosecutor's Office "to deposit in an unsatising account to take advantage of the suspect," and on the same day, remitted the sum of KRW 6,000,000 to the Nos.C. account in Defendant D's name, and KRW 5,800,000 to the post office account in Defendant H's name. After that, the Plaintiff thereafter returned KRW 6,80,000 from the account in Defendant D's name. The Plaintiff sought damages equivalent to the above amount due to aiding and abetting a tort by Defendant D and H.

(b) Grounds: Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claims against Defendant B, C, E, F, G, and I

A. The facts of recognition (1) on December 19, 2013, the Plaintiff received call from a person who assumes the position of the Seoul Central District Prosecutors’ Office J prosecutor (hereinafter “BD”) and transferred KRW 10,001,000 in total to the Agricultural Cooperative Account in Defendant B’s name, and KRW 8,500,000 in total to the Agricultural Cooperative Account in Defendant C’s name, and KRW 6,000,000 in total to the Agricultural Cooperative Account in Defendant E’s name, and KRW 6,00,000 in total to the Agricultural Cooperative Account in Defendant F’s name, and KRW 6,00,000 in the Agricultural Cooperative Account in Defendant G’s name, and KRW 6,000 in the aggregate to the Agricultural Cooperative Account in Defendant G’s name, and KRW 6,000,000 in the aggregate to the Agricultural Cooperative Account in Defendant G’s name.

(2) The Plaintiff was refunded KRW 9,009,40 from the account in the name of Defendant B, KRW 240 from the account in the name of Defendant C, KRW 475 from the account in the name of Defendant E, KRW 126 from the account in the name of Defendant F, and KRW 3,850 from the account in the name of Defendant G, with the exception of the amount deposited into the said Defendants’ account.

(3) On the other hand, Defendant B, E, and I were punished by a fine for each violation of the Electronic Financial Transactions Act.

[Ground of Recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), and arguments.

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