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(영문) 부산지방법원동부지원 2017.11.03 2016가합105489

부당이득금

Text

1. The Defendant’s KRW 315,006,241 as well as 5% per annum from December 19, 2016 to November 3, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a person who operates a business as a joint representative director of the corporation called C Co., Ltd., and the Defendant is a person who is divorced after marriage with D who is the Plaintiff’s children.

B. 1) D’s opening of a deposit account in the name of the Defendant, along with the Defendant, on June 12, 2007, Korea C&C Co., Ltd. (hereinafter “C&C”)

(E) The account (Account Number F, hereinafter “instant deposit”) or the “instant deposit account” in the name of the Defendant after visiting the E branch.

A) At the time of opening the bank account. The name, address, and resident registration number column of the instant bank account were written by D, not the Defendant, and the contact number was also written in D’s mobile phone number. D’s “ear or signature” column of the head of the instant bank account and the “passing” column of the application for transaction. 2) On June 12, 2007, on the date of opening the instant bank account, KRW 300 million was deposited in the instant bank account, and KRW 300 million was transferred from the Plaintiff’s bank account deposited in the C bank.

The Plaintiff and D requested the head of Sti Bank E Branch G to deal with the Plaintiff’s financial assets, including the instant deposit account, with the Plaintiff’s request and D’s signature.

C. At the time of managing the instant deposit account, the Plaintiff was residing in Busan, and G, upon the Plaintiff’s request, kept the Plaintiff’s passbook, seal impression, Internet banking certificate, and security card, including the instant deposit passbook. At the Plaintiff’s request, upon the Plaintiff’s request, performed the Plaintiff’s transaction on behalf of the Plaintiff. Such transaction was continued until July 2013.

As the Plaintiff’s request for transfer D and the Defendant’s marital relationship worse, discussions on divorce began, on March 20, 2012, the Plaintiff requested G to transfer the price to the Plaintiff’s account by filing an application for redemption of investment financial instruments in the Defendant’s name.

G. The G.