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Of the part against the defendant in the judgment of the first instance, the part against the defendant exceeding the money ordered to be paid below.
Reasons
1. Facts of recognition;
A. C, without the Plaintiff’s permission, obtained each of the above loans of KRW 6,000,00 from F Co., Ltd. on July 7, 2016, KRW 3,000,000 from G Co., Ltd. on August 3, 2016, and KRW 2,000,000 from H on August 3, 2016 (hereinafter “stock Co., Ltd.”) and used each of the above loans for personal use (hereinafter “each of the above loans”) by means of an electronic financial transaction without the Plaintiff’s consent.
B. However, in the process of each of the instant illegal loans, the Defendant, upon C’s request, conducted telephone conversations with each of the financial companies as if the applicant were the Plaintiff in the process of verifying the applicant’s identity through telephone conversations, and approved the procedure of verifying the applicant’s identity.
(c)
On December 19, 2016, the Plaintiff received demand and lawsuit from each of the financial companies. Accordingly, the Plaintiff paid KRW 2,877,000 to G on January 13, 2017, KRW 5,715,764 to F on January 17, 2017, and KRW 2,000,000 to H on January 19, 2017, and obtained approval from each of the financial companies for the full payment of loans.
(d)
Meanwhile, on June 28, 2018, in the case against the defendant with respect to each illegal loan of this case, the investigative agency requested that "A cannot make a telephone call in Japan because C requested that "I would like to make a telephone call as the plaintiff," and that C did not know that it did not obtain permission from the plaintiff.
In light of the fact that C made a statement to the same purport and consistent with the Defendant’s assertion, the Defendant was unable to recognize the intent of aiding and abetting the Defendant. In so doing, C was rendered a non-prosecution disposition on the ground that “not guilty (insufficient evidence)” was
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 7 and 12, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s respective illegal loans of this case.