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1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 1,440,00, and each of the said money, respectively.
Reasons
1. Facts of recognition;
A. On April 18, 2014, the Plaintiff called “NH Capital” to deposit money in the name of various expenses, etc. on condition of lending from those who misrepresented “NH Capital”, and then transferred KRW 7,950,000 to the account in the name of Defendant B (on-site securities: D, E) and KRW 4,800,000 to the account in the name of Defendant C (Korean investment securities:F).
B. Prior to this, the Defendants believed that the bearers of the name false who misrepresented as the lending counselor would give money, and provided each of the above accounts to the persons with poor name as instructed by the above holders of the name false.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 2 (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s judgment on the claim for return of unjust enrichment was made without any legal ground, and the Defendants asserted that all the money deposited in the account under the Defendants’ name should be returned to the Plaintiff as unjust enrichment. However, according to the recent securities of this court and the reply of each order to submit financial transaction information to our investment securities, the money deposited in the account under the Defendants’ name appears to have been entirely withdrawn by the name vote, and there is no evidence to acknowledge that the money deposited by the Plaintiff remains in the account under the Defendants’ name. Therefore, the Plaintiff’s claim for return of unjust enrichment is rejected.
B. Article 760(3) of the Civil Act, which is the premise of the judgment on the claim for damages, imposes joint tort liability on the aiding and abetting person by deeming the aiding and abetting person as the joint tortfeasor.
Assistance refers to all direct and indirect acts that facilitate tort, and it is possible to assist by negligence in the area of civil law in which negligence is the same as that of intention in principle for the purpose of compensating for damages. In this case, the content of negligence will assist in tort.