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(영문) 서울동부지방법원 2013.09.12 2012가단42162
부당이득금반환등
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 3,001,500, and Defendant E, KRW 3,001,00,00, and KRW 3,000.

Reasons

1. Facts of recognition;

A. On January 27, 2012, Defendant B transferred the passbook in one’s name to the Agricultural Cooperative (Account Number: F), Defendant C transferred the passbook in one’s name to the Agricultural Cooperative (Account Number: G) on January 2012, Defendant C, Defendant D on August 23, 2006, and Defendant E on January 2012, 201 to the Agricultural Cooperative Account in one’s name.

B. (1) On October 29, 2008, the Plaintiff entered into a Masp loan agreement with Defendant New Bank Co., Ltd. (hereinafter “Defendant New Bank”) up to KRW 2,800,000, and on October 22, 2010, issued again the Masp loan passbook (Account Number J) with Defendant New Bank on July 28, 2010.

(2) On October 24, 2010, when the Plaintiff applied for the use of the Internet banking service to Defendant New Bank, the Plaintiff applied for the notice of major trading (e.g., re-issuance) and the Internet banking transfer transaction.

(3) On September 30, 201, the Plaintiff opened and received a passbook (Account Number K) from the Defendant Dongyang Securities Jeju Company (hereinafter “Defendant Dong Yang Securities”).

(4) On May 28, 2010, the Plaintiff was issued an OTP terminal manufactured by LTBE company (company) from the National Bank on an OTP terminal, and on July 5, 2010, registered with Defendant Dongyang Securities, and the same month.

7. The Defendant New Bank began to use the registration for use.

C. On February 1, 2012, at least 09:38, the name omittedist stated the Plaintiff’s cell phone call and requested the Plaintiff to appear by misrepresenting the Plaintiff’s staff at the public prosecutor’s office, and made the Plaintiff difficult to attend, and made the Plaintiff access to a virtual website (L) and then allowed the Plaintiff to enter the account number of the Plaintiff’s bank, new bank, and chip securities, and to enter the back of the resident number, account number, and the serial number of the OPT terminal.

The first telephone call time is one hour and 49 minutes and 55 minutes, and the first telephone call was terminated at around 11:27:55 on the same day, and thereafter on the same day.

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