부당이득금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts subsequent to the facts do not conflict between the parties, or show the overall purport of the pleadings in each entry in Gap evidence No. 2 (including the serial number).
The Defendants: “When lending a passbook, they will use it in the game item transaction, and offer KRW 2,00,000 per month.” (Defendant E) or “it is necessary to create access certificates for the purpose of part-time service” (the Defendants) at the end of the name-free box, etc., and around March 1, 2004, issued a passbook and a check card with respect to each one’s account under the name-free person and notified him of the password.
B. The Plaintiff’s month as of March 3, 2014
4. From a person who assumes the position of the Prosecutor of the Supreme Prosecutors’ Office, “The borrowed name account with which the Plaintiff’s name was stolen was created and a fake shopping mall was created, and thus cooperation in the investigation was made by the victims.” On March 4, 2014, at the request of the above person without the name, remitted KRW 4,00,000 to the account in the name of Defendant B, KRW 5,970,00,00 to the account in the name of Defendant C, and KRW 6,00,000 to each account in the name of Defendant C, D, E, F, G, and H.
The above name omittedist immediately withdrawn the money deposited in the Defendants’ account.
C. The Plaintiff filed an application for remedy for damages with the Financial Supervisory Service pursuant to the Special Act on the Refund of Damage Amounts and received the remainder from the account in the name of the Defendants (3,800 won from the Defendant’s name account, 1,958 won from the Defendant’s name account, 3,280 won from the Defendant’s name account, 4,580 won from the Defendant’s name account, 4,580 won from the Defendant’s name account, 4,192 won from the Defendant’s name account, 8,110 won from the Defendant’s name account, and 251,575 won from the Defendant’s name account).
2. The assertion and judgment
A. The Defendants asserted that the Plaintiff is liable to pay the remainder of the money that the Plaintiff remitted to the Plaintiff as unjust enrichment or tort compensation.
B. (1) The remitter is the remitter to determine the return of unjust enrichment.