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(영문) 서울남부지방법원 2018.08.14 2017가합108753

부당이득금

Text

1. The Defendants are to the Plaintiff with respect to each of the above amounts and each of the above amounts stated in the attached Table.

Reasons

1. The Plaintiff, against Defendant A, paid KRW points corresponding to 1:1 on Korean won currency deposited by Defendant A in the Plaintiff’s bank account, and the fact that Defendant A received KRW points due to the Plaintiff’s computer error, despite having received KRW points due to Defendant A’s receipt of 976,257 KRW points, is not deducted from Defendant A’s KRW points (However, the amount transferred to the actual account of Defendant A due to the occurrence of 1,00 won fees is KRW 975,257 won), and Defendant A received KRW points from the actual account of Defendant A, there is no dispute between the parties.

Thus, Defendant A, without any legal ground, has received KRW 975,257 from the Plaintiff and sustained the same interest and inflicted damages on the Plaintiff. As such, Defendant A is obligated to pay the Plaintiff the said KRW 975,257 and the damages for delay by 15% per annum as stipulated in the Act on Promotion, etc. of Legal Proceedings from March 18, 2018 to the day of full payment, which is the day following the day when the duplicate of the instant complaint was served on Defendant A.

2. As to the Defendants other than Defendant A (hereinafter “Defendants”)

A. The plaintiff to indicate the claim shall pay KRW points corresponding to 1:1 percentage to Korean won won deposited by the defendants in the plaintiff's bank account.

However, even though the Defendants were paid the money stated in the “request amount” column in the attached Table due to the Plaintiff’s computer error in the Plaintiff’s bank, the pertinent KRW points of the Defendants were not deducted.

Therefore, the Defendants received money from the Plaintiff without any legal ground and obtained profit equivalent to the same amount, and inflicted damage on the Plaintiff. Thus, the Defendants are 15% per annum as stipulated in the Act on Promotion of Litigation, etc. from the corresponding day to the day of complete payment, which is the next day after the duplicate of the complaint of this case was served on the Defendants.