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(영문) 서울남부지방법원 2015.07.16 2014가단24499
부당이득금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as to KRW 2,975,00,00, and each of the said money, from April 8, 2014 to July 2015.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;

On June 22, 2015, the decision of recommending reconciliation between the Plaintiff and Defendant D became final and conclusive, and the lawsuit against Defendant E was withdrawn.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against Defendant C

(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 and the purport of the whole pleadings

B. 1) In the case of joint tort under Article 760 of the Civil Act, where several persons jointly inflict damage on another person, joint tort is not necessarily required, and if objectively related to the act, joint tort liability is established. In addition, joint tort refers to all direct and indirect acts facilitating tort, which are referred to in the Criminal Act, and it is possible to assist by negligence in interpreting the Civil Act that facilitates tort as a matter of principle for the purpose of compensating for damages, unlike the Criminal Act. In this case, the content of negligence refers to a violation of this duty on the premise that there is a duty of care not to assist a tort (see, e.g., Supreme Court Decision 2009Da1313, Apr. 23, 2009). According to the evidence mentioned above, Defendant C receives a secret name of one who sent a telephone card to Kwikset with the name of one’s own account holder, and can recognize the fact that he/she was liable to compensate for three million won when lending the passbook and the card.

In addition, the telephone financial fraud crime by so-called "singing" has occurred across the country since several years ago, and the head of a Tong, cash card, etc. is delivered as above.

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