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(영문) 수원지방법원안산지원 2020.09.04 2019가단69158

부당이득금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 8, 2019, the Plaintiff listened to a talking to the effect that “the Plaintiff’s name was illegally stolen and thus, transferred KRW 44 million to a designated account in order to prevent additional damage,” from a person who misrepresented the prosecutor of the Seoul Southern District Prosecutor’s Office by telephone, and transferred KRW 44 million to a bank account (E) in the Defendant’s name, the Defendant’s spouse of C, around May 9, 2019. < Amended by Act No. 14183, May 14: 13, 2019>

B. On the other hand, around April 25, 2019, C consulted on the names and defective boxes referred to as “G” (hereinafter “G”) and the joint purchase agency services for overseas employees.

C around May 9, 2019, G received a request from G to purchase bitcos through broom account, since 44 million won will be transferred to the Defendant's D bank account with respect to the above purchase order.

C. On May 9, 2019, the Plaintiff asked for suspension of payment to the said D Bank account after transferring the Defendant’s D Bank account of KRW 44 million to the Defendant’s D Bank account.

At the request of C, the defendant raised an objection against the suspension of payment to D Bank, and accordingly the suspension of payment was terminated.

C on May 9, 2019, around 15:52, 2019, from the D bank account under the name of the Defendant to the C bank account under the name of the Defendant, the remaining KRW 4,3120,000,000, excluding the fee, was purchased to the Bitcoin and transmitted to the Bitcoin designated by G.

[Ground of recognition] Facts without dispute, Gap 1, 6, 7, 8 evidence, Eul 1 and 2 evidence, Eul's testimony and the purport of the whole pleadings

2. Determination on the claim for restitution of unjust enrichment

A. The plaintiff's assertion without any legal ground that the defendant gains profit by transferring KRW 44 million from the plaintiff to the cobroom account, and thus, he/she must return the above KRW 4 million to the plaintiff as unjust enrichment.

B. Although there is no legal relationship between the remitter and the addressee, the amount of account transfer by account transfer even though there is no legal relationship that constitutes the cause of account transfer.