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1. Defendant B’s KRW 5,350,000 per annum for the Plaintiff and 5% per annum from October 20, 2013 to April 28, 2014.
Reasons
1. The Plaintiff asserts that, on October 20, 2013, transferred KRW 5,350,000 to the Defendant’s account by deception of a person who has not been killed in name, the Defendant gains a profit equivalent to the above amount without any legal ground and bears damages equivalent to the same amount. The Defendant is deemed to have led to the Plaintiff pursuant to Article 150(3) and (1) of the Civil Procedure Act.
Therefore, the Defendant is obligated to pay to the Plaintiff 5,350,000 won with 5% per annum as stipulated in the Civil Act from October 20, 2013 to April 28, 2014, where the Defendant received a copy of the complaint of this case from October 20, 2013 to the date of full payment, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
2. Defendant C’s portion
A. 1) On October 20, 2013, the Plaintiff, from October 19, 2013 to October 20, 2013, was subjected to deception from a person who was unaware of his name, and on October 20, 2013, the Nonghyup Bank Account (D) in Defendant C’s name (hereinafter “instant account”).
) On October 16, 2013, Defendant C remitted KRW 6,00,000 to another person, and the said money was entirely withdrawn in cash on the same day. (2) At the time, Defendant C prepared an application for transaction at the time of opening the instant account, and Defendant C signed on the part stating “When transferring the passbook or cash card to another person, he may be liable for damages, and may be punished by the Electronic Financial Transactions Act,” as well as indicated on “no” in the item on whether he/she received a request for lending from another person while preparing a written confirmation of purpose of financial transaction.
3) Defendant C is one person E (hereinafter referred to as “person without name”).
(1) The Defendant C opened the account and delivered the cash card of this case to the person who was named in the account, as requested by the person who was named in the account, after having been hired as an adviser. 4)