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(영문) 서울중앙지방법원 2016.01.06 2014가단167574
부당이득금반환등
Text

1. The Plaintiff:

A. Defendant B’s KRW 6,600,000 as well as the annual rate of KRW 5% from July 17, 2014 to October 16, 2015.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement of evidence Nos. 1 to 3 as follows.

On July 17, 2014, around 15:17, 2014, the Plaintiff opened a large passbook from a person who misrepresented the criminal investigation officer of the Seoul National Police Agency, “the Plaintiff’s financial information was leaked, and the passbook was involved in the case of fraud, etc.”

B. The Plaintiff, who believed this, entered the Plaintiff’s financial information and personal information by accessing the website, and the name in whose name in whose name in which singing was done, using the Plaintiff’s financial information and personal information, transferred KRW 6,600,000 to 3 times in total from the bank account (Account Number D) in the name of the Plaintiff, using the Plaintiff’s financial information and personal information, and KRW 6,000,000 to the dynamic comprehensive financial securities account (Account Number E) in the name of the Defendant B, and KRW 6,00,000 to 3 times in total.

C. Of the transferred money as above, the money remains in the dynamics comprehensive financial securities account in Defendant B’s name; and 3,002,208 won remains in the bank account in Defendant C’s name.

2. Defendant B and C are primarily liable to pay the amount of money transferred by the Plaintiff to the account held in the name of each of the Defendants and damages for delay, as the primary unjust enrichment and the conjunctive tort compensation.

3. Determination

A. As to the claim against Defendant B, the fact that the Plaintiff transferred KRW 6,600,00 to the Dongyang Total Financial Securities Account of Defendant B is recognized as above, and Defendant B is a person who has remaining the above money in the Dongyang Total Financial Securities Account of the above Yangyang Total Financial Securities Account. As such, Defendant B’s unjust enrichment from July 17, 2014 to October 16, 2015, the delivery date of the copy of the complaint of this case, as well as 5% per annum under the Civil Act, from the next day to the day of complete payment.

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