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(영문) 서울중앙지방법원 2019.08.20 2018가단5178324
손해배상(기)
Text

1. The Defendant’s KRW 32,150,00 for the Plaintiff and KRW 5% per annum from July 13, 2018 to August 20, 2019.

Reasons

1. Basic facts

A. On July 13, 2018, the Plaintiff transferred KRW 64,300,000 in its own account to a new bank account (Account No. C; hereinafter “the instant bank account”) in the name of the Defendant, who notified the Plaintiff of the fact that “the Plaintiff would have been involved in the case of violation of the Electronic Financial Transactions Act, and would return the money in the Plaintiff’s deposit account to the national security account after investigating whether the money in the Plaintiff’s deposit account is not money related to the crime.”

B. When the Defendant remitted money to the bank account of this case, it immediately withdrawn KRW 33,600,000 among them, and then withdrawn KRW 30,000 to the national bank account under the name of the Defendant, and then delivered it to the employees of the Defendant for the crimes of Bophishing.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, evidence 16, Eul evidence 2, 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion was made by the defendant in collusion with the person who was not aware of the fact that his act was used for the singishing crime in collusion with the plaintiff as a withdrawal of the singishing crime, but the defendant withdrawn the above money and delivered it to the person who was unaware of the name.

Therefore, the defendant is liable to pay to the plaintiff 64,300,000 won and damages for delay caused by the joint tort or joint tort by intention or negligence.

B. The Defendant alleged that he received employment guidance text messages from D, and inquireds of the E-Adidy affairs as indicated in the text messages, and that “D is a money exchange company, which notifies the Defendant’s account number as required, and withdraws the money transferred to the Defendant’s account and deliver it to the employee of the company,” the Defendant’s assertion refers to the bank account number of the Plaintiff, and then inform the account number of the Plaintiff.

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