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1. The defendant shall pay to the plaintiff KRW 9,860,670 as well as 12% per annum from July 11, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. Financial Fraud facts 1) D, on August 23, 2018, by deceiving a person under whose name the investigating agency is misrepresented, remitted KRW 29 million and KRW 8150,000 to the F bank account under the name of E, a stock company. Total amount of KRW 37,150,000 to the H Bank account under the name of G, a stock company, was deposited into the H Bank account on August 23, 2018, and on August 24, 2018, KRW 5 million out of the above amount was deposited into the Defendant Bank account (Account Number: I; hereinafter referred to as the “instant account”).
2) On August 24, 2018, J transferred KRW 7 million to the F Bank Account in the name of E Co., Ltd., by deceiving the person under whose name the investigation agency assumes false identity.
On the same day, five million won of the above money was deposited into the Hbank account in the name of G Co., Ltd., and the above five million won was transferred to the instant account in the name of the Plaintiff.
B. 1) On August 23, 2018, the Plaintiff’s principal purpose of the domestic travel brokerage business is K’s representative director, and the principal customer is Chinese tourists. On August 23, 2018, the Plaintiff’s wife, who works at the Gads of the said company, transferred 60,060 bills to Chinese currency exchange, and requested the Plaintiff to transfer them to the instant account in the name of the Plaintiff. (2) On August 24, 2018, the said Chinese currency exchange (L) transferred KRW 10,000,000 to the instant account in the name of the Plaintiff, and the said remittance is immediately the said transfer.
is the remittance of the subsection.
C. 1) Special Act on the Prevention of Loss Caused by Telecommunications-based Financial Fraud and Refund of Loss (hereinafter “Special Act”) is applicable to the victims’ request for suspension of payment.
Pursuant to Article 3(1), the J filed an application for remedy for damage with the F Bank on August 27, 2018, and on September 5, 2018, H Bank, the account issuing bank, the first transfer of the amount of damage, requested the Defendant to suspend payment (5 million won) of the instant account. D filed an application for remedy for damage with the F Bank on September 7, 2018. On October 11, 2018, H Bank, the account issuing bank, the first transfer of the amount of damage, requested the Defendant to suspend payment (10 million won) of the instant account.