A. On August 27, 2014, the Plaintiff: (a) received a call from a name-free person who misrepresented an investigator to the effect that “the Plaintiff’s passbook is used as a presidential passbook; (b) transferred KRW 6,015,060 from the bank account under the Plaintiff’s name to the account number D, an account number of KRW 6,035,040 from among the bank accounts under the Defendant B’s name; and (c) transferred KRW 6,035,40 from the account account under the Defendant C’s name to the account under the Defendant C’s name.

After withdrawal by the winners of name, the Plaintiff received 6,035,040 won and 39,660 won from the Defendant’s account, respectively, and 41,800 won from the Defendant C’s account.

B. Meanwhile, the Defendants opened each of the above accounts in their names with the name of the victim, such as “to give money to the lending of a passbook,” and issued a cash card, etc. to the account holder with respect to each of the above accounts, and notified him of the password.

【Judgment based on Service by Public Notice (Article 208(3)3 of the Civil Procedure Act)

2. Determination

A. The Plaintiff’s primary claim (i.e., a claim for restitution of unjust enrichment) was based on the name-based party and transferred each money from the Plaintiff’s account to the Defendant’s account without any legal cause. As such, the Defendants are obligated to return the amount equivalent to the money transferred to the Plaintiff as unjust enrichment, and the Defendants seek a payment of money excluding the balance refunded from the account balance. (ii) In a case where the property benefit of the benefiting party did not have any legal cause, the unjust enrichment system imposes the duty of return on the benefiting party based on the principle of equity and justice, and is not subject to the obligation of return

(see, e.g., Supreme Court Decision 2010Da37325, 37332, Sept. 8, 201). In the instant case, even if money was transferred to the Defendants’ account without any legal cause as alleged by the Plaintiff, as long as each money was immediately transferred and the remaining money was already refunded by the Defendants’ account by the bearers, as long as the money was withdrawn from the Defendants’ account.