beta
(영문) 대전지방법원서산지원 2016.04.22 2015가단7659

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 8,00,000 and the interest rate of KRW 15% per annum from March 27, 2016 to the date of complete payment.

Reasons

1. Indication of claim;

A. On July 28, 2015, the Plaintiff intended to transfer KRW 40,000,000 from the budget expenditure account under the Plaintiff’s name to the account under C’s name, and subsequently erroneously entered the account number from the actual number, and transferred KRW 40,000 to the account of the Defendant’s Agricultural Cooperative (Account Number: D).

B. On November 2015, the Plaintiff received a refund of KRW 32,000,000, out of the amount of KRW 40,000,000, from the Defendant, which was after filing the instant lawsuit.

C. Therefore, the Plaintiff seek against the Defendant the payment of the remaining unjust enrichment amounting to KRW 8,00,000,000, and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of the complaint of this case to the day of full payment.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).