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1. Defendant B shall pay to the Plaintiff KRW 26,492,660 as well as 20% per annum from October 23, 2014 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. (1) On March 5, 2014, the Defendant opened the Agricultural Cooperative Account (E) with a loan of KRW 3,000,000,000 to the person who did not receive the name referred to as D, and around that time, issued the said passbook, cash card, password, etc. to the person who did not receive the name.
(2) On March 6, 2014, the Plaintiff sent KRW 24,000,000 to the said Agricultural Cooperative Account under the name of the Plaintiff, which was named by the Financial Supervisory Service and the police, that “any other person would have deducted all the money in the Plaintiff’s passbook, and thus, would have to transfer money to a closed account after opening a corporate bank Maspbook.”
(3) KRW 24,00,000 transferred by the Plaintiff as above was immediately withdrawn or transferred in entirety. (3) The Plaintiff’s transfer of KRW 24,00,000 was immediately withdrawn or transferred.
(4) The Plaintiff was refunded KRW 2,490,00 from the same securities account in the name of F that appears to have been transferred from the said Defendant’s agricultural bank account in accordance with the procedures prescribed by the Special Act on the Refund of Victims of Telecommunications-based Financial Fraud.
[Ground of Recognition] A without dispute, Gap evidence Nos. 1 through 3 (including branch numbers), Eul evidence Nos. 1 through 3, the result of the order to submit financial transaction information to the Nonghyup Bank of this Court, the purport of the whole pleadings
B. The gist of the Plaintiff’s assertion is that the Plaintiff transferred KRW 24,00,000 to the Agricultural Cooperative account under the name of the said Defendant, which is attributable to the Defendant’s crime of Bosing the instant Bosing, and received a refund of KRW 2,490,000 among them. The Defendant directly participated in the instant Bosing crime or issued a passbook, cash card, and password under the name of the said Defendant to the person who has failed to obtain the name.