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(영문) 대구지방법원 2015.08.11 2014가단46485
부당이득금
Text

1. The Plaintiff:

A. Defendant C’s KRW 6,00,000 and its amount are 5% per annum from September 19, 2014 to February 28, 2015.

Reasons

1. Plaintiff’s claim against Defendant C

(a) Joint tort liability arising from the Plaintiff’s transfer of KRW 6 million to the regional H account in Defendant C’s name, which belongs to the Boishing crime.

Article 208(3)3 of the Civil Procedure Act. 2. Determination on the Plaintiff’s claim against Defendant G by publication

A. On September 19, 2014, the Plaintiff, as indicated in the claim, remitted KRW 4.4 million to the I bank account in the name of Defendant G on September 19, 2014, and the Plaintiff refunded KRW 2,308,775 on December 17, 2014.

On March 3, 208(3)2 of the Civil Procedure Act, in order to impose liability for damages due to negligent aiding and abetting the transferor of the means of access on the ground that the Plaintiff’s individual transactions with respect to claims against Defendant B, D, E, and F constituted an electronic financial transaction through which judgment on such claims was mediated, a proximate causal relation between the transfer of the means of access and the damage caused by the tort should be acknowledged, based on the specific circumstances at the time of the transfer of the means of access, in order to impose liability for damages due to negligent aiding and abetting on the transferor of the means of access.

(See Supreme Court Decision 2012Da84707 Decided January 15, 2015 (see, e.g., Supreme Court Decision 2012Da84707, Jan. 15, 2015). The Defendants asserted that the Plaintiff merely provided a passbook to the person under whose name the Plaintiff intended to permit a loan, and that the passbook was used for the crime of Bosing. Thus, the evidence alone submitted by the Plaintiff is insufficient to recognize that the Defendants directly committed the crime of smoking, or that the said Defendants were to have provided or transferred the passbook to the person under whose name the passbook was not given.

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