beta
(영문) 서울남부지방법원 2018.09.11 2017가단259081

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from March 7, 2018 to September 11, 2018.

Reasons

1. Facts of recognition;

A. On November 2, 2017, the Plaintiff received a request from the Defendant to transfer money to the Plaintiff’s account by exchanging it into Chinese currency and again requesting the Defendant to transfer money.

B. Accordingly, on November 2, 2017 and November 3, 2017, the Plaintiff exchanged total of KRW 33,799,317, including KRW 25 million, which was remitted to the Plaintiff’s account, in Chinese currency, and remitted to the Defendant’s Chinese bank account.

C. However, the above KRW 25 million was transferred to the Plaintiff’s account by two victims, who suffered from the Defendant, respectively, to the Plaintiff’s account, and the Plaintiff was unaware of such circumstances.

On November 9, 2017, the Plaintiff returned KRW 15 million to one victim. On January 23, 2018, the Plaintiff refunded KRW 10 million to another victim.

[Grounds for recognition] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim for damages, the defendant, by deceiving the plaintiff, received the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of the money of 25 million won from the victims.

Therefore, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff damages amounting to KRW 25 million and damages for delay calculated at the rate of 5% per annum as stipulated by the Civil Act from March 7, 2018 to September 11, 2018, which is the day following the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to the claim for return of unjust enrichment, the Plaintiff asserts that the Plaintiff is liable to return the amount of KRW 8,799,317,000,000,000,000,000,000,000 won, excluding the above KRW 25,000,000,000,000,000 to the Defendant.

However, the evidence submitted by the plaintiff alone is an error without any legal ground to the defendant 8.