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(영문) 부산지방법원 2015.04.15 2014가단88761

부당이득금반환

Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 16, 2014, Defendant B opened an account for self-reliance (Account Number D), and Defendant C opened an account for self-reliance (Account Number E) at the KFFF at the KFFFFFF, around October 22 of the same year, around October 22 of the same year.

B. On October 20, 2014, the Plaintiff: (a) received a call from an unqualified person to “a person in charge of lending a national bank, who is an employee in charge of lending a loan currently being used and would make a repayment of the loan in use of the loan and convert the loan to a low-priced loan”; (b) transferred KRW 9,504,140 to the said financial bank account in Defendant B’s name on October 22, 201; and (c) transferred KRW 14,202,120 to the said Korean Standards Bank account in Defendant C’s name on October 24, 2014, respectively.

(hereinafter referred to as “instant Bosing”). The ground for recognition was without any dispute, as a result of the order to submit each financial transaction information about Gap’s 1, 2, and 3, the Korean Standards Bank, the Agricultural Cooperative Federation, and the Susan Agricultural Branch, the purport of the entire pleadings, as a whole.

2. The plaintiff's assertion and judgment

A. 1) The Plaintiff’s assertion as to the primary claim is based on the benefit of the amount equivalent to the deposit claim transferred by the Plaintiff to the account under the name of the Defendants without any legal ground, and thereby causing damage to the Plaintiff, and thus, the amount equivalent to the above deposit claim should be returned to the Plaintiff as unjust enrichment. 2) In a case where the remitter transferred the account to the account of the payee, regardless of whether there is a legal relationship between the remitter and the receiving bank as the cause of the account transfer exists, the deposit contract amount equivalent to the amount of the account transfer between the remitter and the receiving bank is established, and the payee acquires the deposit claim corresponding to the above amount against the receiving bank. In this case, even though there is no legal relationship between the remitter and the receiving bank, the payee acquires the deposit claim equivalent to the amount of the account transfer by account transfer.