부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to paragraph (1) of the claim
A. The Plaintiff’s account opened on September 15, 2001 (Account Number C; hereinafter “instant account”) is a common deposit account in which the Plaintiff calculated interest on the amount loaned from the Defendant.
As the Defendant withdrawss money from the above account without obtaining permission from the Plaintiff, the Plaintiff’s loan interest rate was in arrears.
20,060,380 won deposited from the Account of this case on January 27, 2005, which was deposited from the Account of this case, was withdrawn by the head of D, who is an employee of the defendant, without the permission of the plaintiff, so the defendant shall return the above money to the plaintiff.
B. The following facts may be acknowledged in light of the respective descriptions of the evidence Nos. 1, 3, 4, and 6 of the facts of recognition, and the purport of the witness E’s testimony and pleading.
① From around 2001, the Plaintiff’s husband F has been engaged in transactions such as lending the principal and interest to the Defendant and nine family members including the Plaintiff, or relatives, etc., and repaying the principal and interest.
F practically managed several defendant accounts opened in the name of family or relatives.
② Upon F’s request on January 12, 2005, D, an employee of the Defendant, deposited KRW 20 million in F’s Defendant’s account (Account Number G) with a deposit claim against the Defendant as collateral, and E, which was an employee of the Defendant, deposited KRW 6.3 million in F’s above account on the same day, and transferred KRW 26.3 million deposited in the above account to H on the same day.
C. The plaintiff asserted that his employee voluntarily deposited KRW 20,060,380 from the first account of this case on January 27, 2005, but there is no specific evidence supporting the above assertion.
On the other hand, according to the above facts, on January 12, 2005, F borrowed KRW 26.3 million from D, etc. which was an employee of the Defendant, and F transferred the above money to H. On the other hand, D withdraws KRW 20,060,380 from the first account of this case actually managed by F on January 27, 2005, and used it to repay its claim.