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(영문) 인천지방법원 2015.04.30 2014가합10850

부당이득금반환

Text

1. The Plaintiff, Defendant New Auction Co., Ltd., which is KRW 147,00,00, and Defendant Han Auction Co., Ltd, which is KRW 3,500,000 and KRW 147,00.

Reasons

1. Basic facts

A. On July 23, 2014, the Plaintiff transferred KRW 3,500,000,000, respectively, to the account of an enterprise bank (6302-784-04029) in the name of Hanbya Bank (6302-784-04029) in the name of Hanby Bank (6302-78-74029) on July 24, 2014, under the pretext of the loan review cost, prior interest, etc. < Amended by Presidential Decree No. 25473, Jul. 23, 2014; Presidential Decree No. 25073, Jul. 24, 2014; Presidential Decree No. 25074, Jul. 24, 2014>

B. The Plaintiff did not actually receive the above loans thereafter, and did not receive any refund of the above deposited money.

[Ground of Recognition] The Plaintiff and Defendant New Daily Co., Ltd.: The between the Plaintiff and Defendant Hanhion Co., Ltd.: The entries in the evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition, the defendants acquired deposit claims equivalent to the amount transferred to each of the above accounts without any legal grounds, and thus are obligated to return the amount of each deposit to the plaintiff.

Therefore, the Plaintiff is obligated to pay each of the damages for delay calculated at the rate of 20% per annum from May 1, 2015 to the day of full payment, as claimed by the Plaintiff, with respect to the amount of KRW 147,00,000, Defendant New Ballast Co., Ltd., and KRW 3,500,000, and each of the said amounts, as claimed by the Plaintiff.

3. The plaintiff's claim of this case against the defendants is justified and it is so decided as per Disposition.