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(영문) 서울남부지방법원 2020.05.19 2019가단11276

부당이득반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 26, 2019, the Plaintiff was ordered to change the Plaintiff’s existing loan from a person who referred to as the agent E at a low interest rate from the phone number of the D Company, to the lending product at a low interest rate. For this purpose, the Plaintiff received an order to deposit the loan amounting to KRW 25 million from the F card, and KRW 7 million from the G card to the designated account with a loan.

B. The Plaintiff received a total of KRW 32,00,000 from the F Card and G Card, and transferred the money from the IBK Enterprise Bank Account (H) in the name of the Plaintiff to the IBK Account in the name of the Defendant (J; hereinafter “Defendant Account”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. The plaintiff asserts that the defendant's 32 million won transferred to the plaintiff constitutes unjust enrichment acquired without any legal ground, and thus, the plaintiff is obligated to return it to the plaintiff.

In regard to this, the defendant's husband K received a request for exchange from L to operate the money exchange center in the area of the Philippines, and the defendant's husband received a request for exchange of the amount of KRW 32 million from L to the defendant's account in return for exchange of the amount of Korean currency equivalent to KRW 32 million, and thus, the defendant alleged that there

B. The facts that the Plaintiff remitted KRW 32 million to the Defendant’s account are as seen earlier, and the Defendant’s husband K operates a money exchange station in the area of the Philippines, taking account of the overall purport of the arguments in each of the statements in subparagraphs 1 through 6 above, and it is recognized that K received a remittance of KRW 32 million to the Defendant’s account while receiving a request for money exchange from the Republic of Korea, and having received a request for money exchange of KRW 32 million from the Republic of Korea, and the Defendant received a decision that there was no suspicion on August 8, 2019 against the Plaintiff on the charge of the crime of Bosing fraud against the Plaintiff.

In light of this, the defendant is the defendant.