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(영문) 전주지방법원 2017.09.27 2017가단1433

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From July 8, 2013 to September 23, 2013, the Plaintiff asserted that the Defendant Company opened an account (Account Number: C) and traded shares.

However, the employee of the Defendant Company made a false statement that there was no balance between the Plaintiff and the Plaintiff, with a total of KRW 10,575,114,000,000,000 on July 29, 2013; KRW 22,331,927,00 on July 31, 2013; KRW 8,650,000 on July 2, 2013; KRW 251,50,000 on August 2, 2013; and a total of KRW 8,370,153,00 on the repayment of the loan, deducted the Plaintiff from the repayment of the loan; and accordingly, the Plaintiff was suffering from severe mental distress.

Therefore, the Plaintiff claims against the Defendant Company for the payment of unjust enrichment of KRW 10,575,114 as well as KRW 22,31,927 as property damages, and KRW 22,331,927 as well as KRW 55,238,968 as well as delay damages from the date of delivery of a copy of the complaint.

2. Even based on the evidence submitted by the Plaintiff, the employee of the Defendant Company received a loan by deceiving the Plaintiff.

It is not sufficient to recognize that the Plaintiff suffered damage equivalent to the above amount by deducting the money from the name of the repayment even though there is no loan, and there is no other evidence to acknowledge it.

If so, it is difficult to accept the Plaintiff’s above assertion.

3. Accordingly, the plaintiff's claim is dismissed on the ground that it is without merit.