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(영문) 인천지방법원 2015.01.13 2014가단42997
손해배상등
Text

1.(a)

Defendant E shall pay 6 million won to the Plaintiff and 20% per annum from August 5, 2014 to the day of complete payment.

Reasons

1. Determination as to the claim against Defendant B, C, and D

A. (1) On December 14, 2010, the Plaintiff was called “the Seocho Police Station Cyber Investigative Team in the name of the Plaintiff and opened a passbook for money laundering in the name of the Plaintiff.” In order to reveal the margin, the Plaintiff was not in balance in the passbook and transferred money to the national security account.”

Accordingly, the Plaintiff transferred KRW 30,100,000 from the bank account in the name of the Plaintiff to the F’s account (FF bank, G) as the Plaintiff did so.

(2) After the Plaintiff’s remittance, money was returned from the account in the F’s name to the account in the name of Defendant B, C, and D as follows.

On December 14, 2010, the account holder of the amount of remittance, the account number of which is KRW 6 million, Defendant CHyup Bank H on December 6, 14, 2010, KRW 600,000,000,000, Defendant CHyng Bank I on December 14, 2010, transferred passbook, cash card, and password (hereinafter referred to as “passbook, etc.”) for the purpose of obtaining a loan to a person who is not his/her name, around December 2, 2010, and Defendant B, C, and C were subject to a disposition of suspension of indictment on June 21, 201.

[Ground] In the absence of dispute, Gap evidence Nos. 1 through 6 (including the number of pages), Eul evidence No. 1, Eul evidence No. 1, and each order to submit financial transaction information to the e.g., the e., the e.g., the e., the e.g., the e., the e.g., the e., the e.g. F., the Eg.

B. (1) The parties’ assertion (A) asserts that the Plaintiff is liable to compensate the Plaintiff for damages due to the tort, since the Plaintiff, Defendant B, C, and D, by transferring the passbook, etc. in their names to the names of those who have failed to know, thereby facilitating the fraud of the Plaintiff in the name of those who failed to know.

(B) Accordingly, Defendant D and B transferred the passbook, etc. on the ground that they did not receive any loan from the winners of their names.

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