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(영문) 서울고등법원 2017.05.26 2016나2063577

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Determination on the cause of the claim

A. On September 197, 1997, the Plaintiff’s assertion made an objection to the U.S.A. and requested the Defendant to look at the Plaintiff’s mother, and made the Defendant keep the Plaintiff’s passbook directly, or made the Plaintiff keep the Plaintiff’s passbook in a bank lending safe, and when necessary, the Plaintiff’s mother and the Plaintiff’s mother can find and use the passbook in the safe.

However, the defendant, on the basis of this, has a duty to return the amount equivalent to the above amount as unjust enrichment since the defendant withdrawn the sum of KRW 111,680,000 on August 29, 2006 from the plaintiff's account to the plaintiff's account on February 13, 2006, KRW 90,000,000 from the plaintiff's account to C's wife, and KRW 111,680,000 on July 26, 2006, and embezzled or stolen.

B. The facts that the plaintiff became a U.S. resident and caused several financial affairs on behalf of the defendant on several occasions upon the plaintiff's request do not conflict between the parties. As a result of Gap 22,24,25,27, and30 each statement, the response to the order of submission of financial transaction information to the Korean Supreme Court of the first instance to the Korean National Bank of Korea, the court's response to the order of submission of financial transaction information to the Korean National Bank of Korea (D) on January 26, 2006 added the whole purport of the pleadings. ① On January 26, 2006, the Korean National Bank of Korea (D) deposited KRW 9 million in the name of the plaintiff's mother, KRW 81 million on February 1, 2006, KRW 90,000 in each of the above accounts and KRW 90,000 in each of the above accounts and KRW 700,000 in each of the above accounts and KRW 300,000 in the above account.