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(영문) 수원지방법원 2019.04.24 2017가합23106

부당이득반환

Text

1. The Defendant’s 475,00 US dollars and 5% per annum from October 13, 2017 to April 24, 2019 to the Plaintiff.

Reasons

Facts of recognition

On March 2017, the Plaintiff decided to purchase MESA TOL equipment (hereinafter “instant equipment”) from C Co., Ltd. (hereinafter “C”).

C’s staff D sent a estimate of the instant equipment to the F e-mail account (G) of the Plaintiff on March 22, 2017 with his e-mail account (E).

F sent the e-mail to D on March 22, 2017, the F sent the text file that ordered the instant equipment to US$ 475,000.

At the time, the mail was sent to two (H, I) the e-mail account of the Plaintiff employees.

D On March 22, 2017, sent the F's mercence on the F, with ① the invoice number (K) designated for remittance, ② the order file signed in the meaning of confirmation attached to the invoice (INVICE) and ② the order file.

Plaintiff

L sent to the e-mail account (I) on March 29, 2017, an e-mail to the effect that “the Plaintiff is expected to send a receipt after remittance because it is expected to do so within the day.”

The above e-mail account was sent to three (H, M, and G) of the Plaintiff’s e-mail account.

L received e-mail from the e-mail account (N; hereinafter “private e-mail account”) considerably similar to D’s e-mail account on March 29, 2017, stating that “C has a problem with C’s bank account, so C has ceased to stop transfers,” and on March 29, 2017, that “C has a problem with C’s other certified accounts.”

The second e-mail was accompanied by a document stating the Bank account (P. hereinafter referred to as the “instant account”) indicating the depositor as “O company”.

3 copies of the e-mail account of the Plaintiff’s staff as described in the above 5 above were sent.

On March 30, 2017, the Plaintiff remitted USD 475,000 to the instant account.

F sent on March 31, 2017 the e-mail that confirms the deposit in the e-mail account with the misrepresentation of 08:56, and then sent it.