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(영문) 서울남부지방법원 2018.10.05 2018나775
부당이득금 및 손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 23, 2017, the Plaintiff: (a) from a person who misrepresented as a new bank C agent or D agent, the Plaintiff created a maths passbook against those who have obtained a loan at a high interest rate; (b) is able to obtain a loan at a low interest rate; and (c) is required to accumulate the loan performance from the Hyundai Savings Bank and Gacdyt as it can receive a loan at a low interest rate.

B. The Plaintiff was granted loans of KRW 10 million at the Hyundai Savings Bank at an annual interest rate of KRW 24.6% per annum; KRW 10 million at an interest rate of KRW 24.9% per annum; on May 25, 2017, the Plaintiff received a telephone call from an untitled person who assumes the director of Hyundai Savings Bank B, and remitted KRW 10 million out of the borrowed money to the Defendant’s name-free account to the Defendant Nonghyup Bank. “The amount of loans from Macldt was sent to the Defendant’s name-free account with the name-free person who notified the name-free person of the loan around May 26, 2017.” The Plaintiff wired KRW 10 million to the Defendant’s name-free account according to the name-free box’s end on May 29, 2017 and KRW 10 million under the name of the Defendant Bank.

C. Meanwhile, around May 20, 2017, the Defendant: (a) on the phone call from a person who assumes a false bank E agency; (b) “it is possible to create a masp passbook; (c) the account number should be known; (d) in order to withdraw KRW 10 million per day, a new bank passbook must be created; (e) the account number should be given to the person who pays the money deposited into the said account; (c) notify the account number and the account number in the name of the Defendant to the person who pays the money deposited in the said account; (d) notify the account number and the new bank account number in the name of the Defendant; and (e) around May 26, 2017, the account number deposited in the account in the name of the Defendant Nonghyup Bank was given to the person who pays the money deposited in the name of the Defendant; and (e) withdraw it in cash; and (e) immediately withdraw the remaining KRW 2 million from the account of the Nonghyup Bank and then immediately withdraw it from the account.

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