부당이득금반환등
1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. On February 19, 2014, the Plaintiff received a call from a person in unsound name who assumes the position of the public prosecutor’s office to the effect that “any person uses the Plaintiff’s passbook for committing the crime. Any person will use the Plaintiff’s passbook at the public prosecutor’s office.” Then, the Plaintiff was made a call from a person in unsound name who assumes the position of the public prosecutor, stating that “the Plaintiff deposits to the account by terminating the installment savings, insurance, housing installment savings, etc. held by
B. The Plaintiff transferred KRW 23.8 million to the post office account in Defendant B’s name, KRW 30.5 million to the post office account in Defendant C’s name, and KRW 6 million to the Defendant’s Oral Agricultural Cooperative account in Defendant D’s name, respectively.
(hereinafter “this case’s Bosing”). / [Grounds for recognition] Gap’s evidence 1, Gap’s evidence 2-1 through 3, and the result of an order to submit financial transaction information to Korea Post and Osong Agricultural Cooperative to the future science creation department of this court, the purport of the entire pleadings.
2. Determination as to the cause of action
A. The Defendants asserted the Plaintiff’s primary claim 1) obtained profits from the amount equivalent to the deposit claim, which the Plaintiff remitted to the account under the name of the Defendants without any legal ground, and thereby inflicted damage on the Plaintiff equivalent to the same amount. As such, the Plaintiff should return the amount equivalent to the above deposit claim to the Plaintiff in unjust enrichment. 2) In a case where the remitter used the account transfer to the payee’s deposit account, regardless of whether there exists a legal relationship between the remitter and the payee, the deposit contract amount equivalent to the account transfer amount between the payee and the receiving bank is established. The payee acquires the deposit claim equivalent to the above amount to the receiving bank. In this case, even if there is no legal relationship between the remitter and the payee, the remitter acquired the deposit claim equivalent to the account transfer amount by account transfer, the remitter shall be the payee.