예금반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts are: (a) on October 20, 200, the Plaintiff opened a deposit account (Account Number D; hereinafter “instant Plaintiff account”) at the Defendant’s operations station located in Gyeyang-gu Incheon, Incheon; and (b) on June 18, 2017, the fact that the Plaintiff’s account of the instant Plaintiff was deposited in KRW 936,521,333 may be acknowledged either as having no dispute between the parties or in full view of the purport of the entire pleadings as stated in the evidence Nos. 1 and 2.
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 936,521,333 won and delay damages, unless there are special circumstances where the defendant has a justifiable reason to refuse to withdraw money deposited in the plaintiff's account of this case.
3. Judgment on the defense of set-off
A. The gist of the defense was that the Defendant entered into an invalid loan agreement which belongs to F’s deception with the Plaintiff’s representative director E and borrowed KRW 1,00,000,00 in the name of E. However, the above loan was finally transferred to the Plaintiff’s account, and the Plaintiff acquired profits equivalent to the above loan without any legal ground, and the Defendant suffered losses equivalent to the same amount, and thus, the Defendant has a claim for return of unjust enrichment equivalent to KRW 1,00,000,000 against the Plaintiff. Accordingly, the Defendant is a claim for return of unjust enrichment equivalent to KRW 1,00,000,000 against the Plaintiff. As such, this is offset against the claim for return of deposit (hereinafter
B. 1) Whether a claim for return of unjust enrichment exists or not is not disputed between the parties, or as a whole, the following facts may be acknowledged in full view of the overall purport of the pleadings as stated in Gap evidence Nos. 3 through 6, 15 and Eul evidence Nos. 1 through 4. A) on April 9, 2013, Eul opened two transferable deposit accounts (Account Number: G, and H) on July 10, 2013 with the maturity of 500,000,000 won in each of the above two accounts (=50,000,000,000 won in total) at each of the two accounts.
hereinafter referred to as "the case."