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(영문) 부산지방법원동부지원 2014.03.18 2013가단12480
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. On February 27, 2013, the Plaintiff’s summary of the Plaintiff’s assertion received a call from an unqualified person who introduced himself/herself as an employee of the corporate bank call center, to the effect that “any person intends to withdraw money from the bank account under the name of the Plaintiff and transfer the money to another safe account.” In fact, his/her nameless person was not an employee of the corporate bank, and it was not anticipated that he/she voluntarily withdraws money such as the above statement.

On the same day, the Plaintiff deposited KRW 37,00,000 in total with each bank account in the name of the Defendants on the same day. The Defendants conspired with the above names in collusion with the above names, or participated in the above acts of defraudation by lending the bank account in the name of the Defendants to the above names. As such, the Defendants are obligated to pay the Plaintiff the amount of money deposited in the relevant bank account (the amount deducted from the amount recovered to Defendant E) as compensation for damages caused by joint tort with the above names and the damages for delay.

B. (1) On February 27, 2013, the Plaintiff received a call from an unqualified person who introduced himself as a member of the Enterprise Bank Call Center’s staff to the effect that “any person intends to withdraw money from the bank account under the name of the Plaintiff, and transfers the money to another safe account.” The Plaintiff deposited the sum of KRW 37,000,000,000 in total to the bank account designated by the said unqualified person as follows.

On February 27, 2013, the bank name account holder of the deposit date, the bank name account No. 11,000,000 won in the name of Defendant BHyup Bank F 11,000,000 won in February 27, 2013, Defendant CHyup Bank G 10,000 won in February 28, 2013, Defendant CHyup Bank H 6,000,000 won in April 28, 2013, Defendant EFF NA AFF 10,000,000 won in the name of Defendant EFF 10,000 won in the account name of the above deposit date, and the Defendants believed to have the above statement of non-confited statement that the Defendants would receive loans prior to the deposit date.

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