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(영문) 수원지방법원평택지원 2015.04.08 2014가단9255
손해배상(기)
Text

1. The Plaintiff, Defendant B, and Defendant C, from September 18, 2014, with respect to KRW 2,474 and its amount, and Defendant C, from September 18, 2014, with respect to KRW 3,470 and its amount.

Reasons

1. Basic facts

A. On July 15, 2011, the Plaintiff misrepresented the staff of the Prosecutor’s Office, and transferred KRW 6,014,108,108, and KRW 6,031,237,237, and KRW 6,037,266, in total to the Defendant’s name account under the name of Defendant B (CFF) on the same day, the sum of KRW 5,987,82,474, and the Defendant’s name account (CF), 5,987,82,56, and the sum of KRW 6,02,566, to the Defendant’s name account (CF and C), and to the Defendant’s name account (CF), 6,014,108, and to the Defendant’s name account (CF).

B. The above bearers were withdrawn from the Defendants’ account in the name of the Defendants most of the remitted amount on the day each of the said money was remitted.

C. At the time of the closing of the instant argument, 2,474 won in the Defendant B’s account, 3,470 won in the Defendant C’s account, 28,576 won in the Defendant F’s account, and 8,833 won in the Defendant G’s account, and there is no money remaining in the Defendant D and E’s account.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 4 (including each number), each of the information and communication information submission orders, replys to the submission of each of the information and communication information to the U.S. agricultural cooperatives, Seocho-gu Seoul Agricultural Cooperatives, the astronomical Dairy Dairy Dairy Farming Cooperatives, the Nongbuk-do Agricultural Cooperatives, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants aiding and abetting the Plaintiff’s phishing criminal act by negligence of providing their accounts, passwords, cash cards, etc. to the name-disscepters, and thus, are obligated to pay each money as stated in the claim for damages due to the tort to the Plaintiff.

B. or selectively, the Defendants obtained benefits from the transfer of each money stated in the purport of the claim from the Plaintiff without any legal ground, and thereby, the Plaintiff suffered damages equivalent to the same amount.

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