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(영문) 수원지방법원 2020.06.10 2017가합24161
손해배상(기)
Text

Defendant D, E, G, L, M, S, U, and V are jointly the Plaintiff:

(a) KRW 810,000,000; and

B. The above paragraph (a).

Reasons

Plaintiff’s ground of claim

A. On July 1, 2017, the Plaintiff, who is the primary cause of a claim, received a proposal to meet the conditions from the person who was not related to his/her name and transferred 1,350,000 won to an account designated by the person who was not related to his/her name, in response thereto, but failed to meet the conditions and received the return. However, the Plaintiff should have a certain balance on the electronic system from that time to September 15, 2017, by hearing the said person’s name and paying an additional amount of KRW 1,650,000,000 on the electronic system.

The act of deception, such as the occurrence of a system error, was transferred to the account in the name of the third party or the Defendants designated by the person who was not entitled to receive the above statement, and the total amount of KRW 810 million was transferred to the account.

The Defendants took part in the above tort by providing the name of the account holder when the Plaintiff did the above deception.

Even if it was known that the above tort had been committed, there was a duty of care to confirm such tort after it was sufficiently predicted at the time of providing the account in the name of the Defendants to the name-dissipant or transferred under the name of the Plaintiff.

Therefore, the Defendants are liable to compensate the Plaintiff for the damages incurred to the Plaintiff, as the aided and abetting the said tort caused by negligence, which was held liable to the Plaintiff’s negligence or at least the above duty of care. Therefore, the Defendants jointly have a duty to compensate the Plaintiff for the damages incurred to the Plaintiff, including KRW 810 million.

B. The Defendants, who are the conjunctive claim, obtained profits by receiving money from the Plaintiff without any legal ground. Accordingly, the Plaintiff suffered damages equivalent to the same amount, and the Defendants are obligated to return the pertinent money and damages for delay that were transferred from the Plaintiff to the Plaintiff as unjust enrichment.

2. Defendant D, E, G, and.

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