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1. The Plaintiff:
A. Defendant B’s KRW 1,900,000 and interest rate of KRW 20% per annum from November 30, 2014 to the date of full payment.
Reasons
1. Basic facts
A. On May 29, 2014, the Plaintiff, who had misrepresented the staff of the prosecutor’s office, received a call from an unqualified person who was using a passbook in the name of the Plaintiff for a crime, and had access to a phishing site “F” and then sent a bank ID, account number, and password to the person who was unaware of the name.
No. 1 B Office G 1,900,000 2C H 5,900,000 3 D Hyundai Securities I (hereinafter “1 Account”) 5,230,000 J (hereinafter “2 Account”) 5,940,000 4 E East Securities K 5,970,000 Gayang Securities K 5,970,000 L 5,920,000
B. The name-free person, using the above information, paid most of the money immediately after transferring the money from the Plaintiff’s bank account to each of the Defendants’ respective accounts as listed in the following table.
[Ground of recognition] Defendants B, C, and E: Defendant D who made a confession: The absence of dispute, Gap 1 and 2 evidence (including paper numbers) and the result of each reply to the order to provide financial transaction information by this court, the purport of the entire pleadings
2. Determination as to claims against Defendant B, C, and E
A. The Defendants, on the indication of the claim, are obligated to pay to the Plaintiff each money deposited in the account of the said Defendants as damages for the tort and the damages for delay thereof, since they aided the Plaintiff to commit the telephone financial fraud by directly committing the crime of telephone financial fraud against the Plaintiff, or by lending the account to the account holder without the name of the Plaintiff.
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
3. Determination as to the claim against Defendant D
A. The plaintiff's assertion is selectively asserted as follows.
1) Defendant D, without any legal ground, received KRW 10,1170,00 from the Plaintiff’s respective accounts in the name of Defendant D and received unjust enrichment equivalent to the above money, and thus, Defendant D is obligated to return KRW 1,1170,00 to the Plaintiff. (2) Defendant D directly committed the crime of telephone financial fraud to the Plaintiff.