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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 11, 2018, when the Korea Asset Management Corporation had no intent or ability to provide the Plaintiff with a loan, the name-free person who misrepresented the Plaintiff as an employee of the lending agent team said that “the Plaintiff would provide a loan from the ordinary people’s finance or the government-funded low interest rate. It was conducted by using high interest loans and by using a redemption certificate by increasing the points and attaching a redemption certificate,” and that in this context, he/she acquired the loan from the Plaintiff to the D bank account in the name of the Defendant B for the purpose of the loan and deposit money from the Plaintiff and acquired the loan from the Plaintiff to the D bank account in the name of the Defendant B for the purpose of the loan and deposit money.
B. Defendant B, at around December 19, 2018, issued a physical card connected to the D Bank account and notified the password to the name-free person, stating that he/she could receive the loan by making the physical card and password from the name-free person who misrepresented him/her.
C. Defendant C, at around December 19, 2018, issued a physical card connected to the E bank account and notified the password to the bearers of the fact that he/she could receive the loan by making the physical card and password from a person who misrepresented him/her.
The Plaintiff’s remitted money to the D Bank account under Defendant B’s name remains at KRW 4,450,00,000, after the account was withdrawn by the non-member of the Plaintiff. However, Defendant B received a statement from the non-member of the name to transfer the remaining money to the E Bank account under Defendant C’s name, and then transferred KRW 4,450,000 to the E Bank account under Defendant C’s name on December 24, 2018.
In addition, Defendant B’s statement to deposit KRW 2,900,000 on the same day from the person who was not the party’s name on the same day, and to deposit KRW 2,90,000 on the same day to the bank account under F.