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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 20, 2014, the Plaintiff: (a) obtained a call from a name-free person who assumes the position of a national bank staff member; (b) obtained a loan from a financial institution, including a new card, during the period from October 22, 2014 to November 6, 2014; (c) transferred KRW 66,016,150 to an enterprise bank account under Defendant B’s name; and (d) transferred KRW 12,04,898 to the new bank account under Defendant C’s name on October 22, 2014; and (e) transferred KRW 39,01,041,000 to the national bank account under Defendant D’s name; and (e) transferred KRW 12,04,898 to the national bank account under Defendant C’s name on October 30, 2014; and (e) transferred KRW 12,04,01,201,214,201.
(hereinafter “instant Bosing”). (b)
The money deposited in each of the above accounts under the name of the Defendants was deposited several times at the time of deposit, and on November 13, 2014, each of the above accounts was suspended due to a report on the use of telecommunications-based financial fraud and then the victims, including the Plaintiff, were refunded in proportion to each of the above accounts.
[Ground of recognition] The non-contentious facts, Gap evidence 1 and 2, Gap evidence 3-1 through 5, each of the records in this Court's National Bank, New Bank, and Industrial Bank of Korea's order to submit each of the financial transaction information to the National Bank of Korea, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion was that the Defendants acquired unjust enrichment equivalent to the money transferred to the account held in the name of the Defendants without any legal cause due to the instant Bosing fraud, or incurred considerable damages to the Plaintiff by providing the said account with the means of access, such as the passbook and cash card, etc., to the bearers, thereby facilitating the instant Bosing fraud by facilitating the instant Bosing fraud.
Therefore, the defendants are primarily returned to the plaintiff as unjust enrichment, and are ancillary.