logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.08.11 2020나42580
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On May 23, 2019, the Plaintiff: (a) on the advertisement that the Plaintiff may exchange the existing high interest loan with a low interest rate loan; (b) on the phone that the Plaintiff was registered as a bad credit holder in the absence of the name, who misrepresented the “C enterprise” and provided consultation; and (c) on May 23, 2019, remitted KRW 15,99,400 to the Defendant E-bank account designated by the deceased in the name of the Plaintiff from the D Bank account in the name of the Plaintiff, to the Defendant E-bank account designated by the deceased in the name of the deceased in the name of the Plaintiff. (b) However, the foregoing nameless person, as a member of the so-called Bophishing ( telephone financial fraud) fraud group, did not have the intent or ability to lend to the Plaintiff; and (d) even if the Plaintiff was not registered as a bad credit holder even if the Plaintiff did not repay the existing loan to the Plaintiff, the Plaintiff by deceiving the Plaintiff to transfer it to

3) Meanwhile, around August 2019, the Plaintiff received a refund from the Financial Supervisory Service, which returned KRW 1,503,619, which had been left the Defendant’s account in the Defendant’s name, as a refund for loss. (B) On May 22, 2019, the Defendant received a loan consultation from a person who is a F.C. G around May 22, 2019, after raising the Defendant’s credit rating by raising the Defendant’s bank transaction performance. However, the Defendant did not have any funds to increase the Defendant’s bank transaction performance, and if the Defendant withdraws the money to his employees and collects the money, the Defendant’s bank transaction performance is below the credit rating increase. Accordingly, the Defendant may receive a loan on condition that 10 million won interest can be repaid for 10.3% per annum and 200,000 won per month including the principal.”

Accordingly, the defendant informed G of its account number, such as its D Bank Account and E Bank Account.

2 In accordance with G’s instruction, the Defendant: (a) around 15:37 on May 23, 2019, remitted the Plaintiff to the Defendant’s E bank account at around 15:22 on the same day, either KRW 15,99,400, out of KRW 15 million.

arrow