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(영문) 대구지방법원 2020.01.08 2019나312003
인출금
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which corresponds to the following amount ordered to be paid.

Reasons

1. Basic facts

A. (1) On November 7, 2018, the person who was named in the name of the Defendant B asked the Defendant B to transfer money by making a false statement to the effect that he/she would make an existing card loan to a low interest rate loan. (2) The Defendant B transferred KRW 17 million to the Plaintiff’s C account (D; hereinafter “instant account”) around 13:29 on the same day.

3) The non-person who received the name payment and the non-person who received the payment from the Plaintiff immediately thereafter, demanded the Plaintiff to transfer the said money to E’s account (F) and demanded the Plaintiff to transfer the said money to E’s account at around 14:47 of the same day. (4) The Plaintiff transferred the KRW 10 million from the instant account to E’s account at around 14:47 of the same day, and the Plaintiff did not transfer the remaining KRW 7 million from the Plaintiff’s account to E’s account at around 14:52.

5) The account in this case remains KRW 7,580,741. B. Defendant C, on November 9, 2018, suspended payment on the ground that the instant account was the account used for fraud under the Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss Amount (hereinafter “Telecommunications Fraud Refund Act”).

Defendant C returned registered mail sent to the Plaintiff’s registered address on November 13, 2018 in order to notify the Plaintiff of the fact that the payment was suspended, and the fact that the payment was suspended was announced publicly.

2) On November 12, 2018, Defendant B filed an application for remedy for damages with Defendant C. On November 16, 2018, Defendant C requested the Financial Supervisory Service to publish the commencement of the claim extinguishment procedure in accordance with the Telecommunications Fraud Loss Refund Act (Article 5(1)3 of the same Act) on November 16, 2018. The Financial Supervisory Service publicly announced the commencement of the claim extinguishment procedure on November 23, 2018.

(Article 5(2) of the same Act. The Financial Supervisory Service sent registered mail to the Plaintiff on the same day to inform the Plaintiff of such fact, but returned to the Plaintiff due to the unknown director’s failure, the Plaintiff’s mobile phone number registered with Defendant C on December 11, 2018.

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