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(영문) 울산지방법원 2017.05.17 2016가단25002

부당이득금 반환

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1. Defendant B shall pay to the Plaintiff KRW 51,100,000 and the interest rate of KRW 15% per annum from February 2, 2017 to the date of full payment.

Reasons

1. Claim against the defendant B

A. On December 2011, 201, the Plaintiff indicated the claim 0: (a) the Defendant B, who delivered each of the above fraud amounting to KRW 30 million on December 15, 201, and KRW 30 million on February 8, 2012 (Seoul District Court Decision 2014No310) to Defendant B (E) who became aware of D’s introduction, received KRW 2.1 million each of the above investments amounting to KRW 5 million as dividends, and KRW 8.9 million each of the above investments amounting to KRW 5 million from the Plaintiff’s claim amount (i.e., KRW 50 million).

(b) Grounds for recognition: Evidence Nos. 1 and 2, and the purport of the whole pleadings;

2. Demand against Defendant C: Dismissal.

A. The gist of the Plaintiff’s assertion is that Defendant B (hereinafter referred to as “B”) deposited KRW 60 million in the account in the name of Defendant C, his/her father, and used it for the formation of a child’s property, or Defendant C used it for his/her own personal use or together with B, thereby acquiring profits in an unjust manner, and thus, it must be returned to the Plaintiff as unjust enrichment or damages.

B. There is no dispute as to the fact that judgment B received KRW 60 million from the Plaintiff as an investment deposit from Defendant C’s Nonghyup Bank account (Account Number F, hereinafter “instant account”).

However, on the other hand, most of the instant accounts were used only for the purpose of paying money from investors, including the Plaintiff, to E or receiving allowances from E, and merely for the personal purpose of Defendant C’s use. Although Defendant C deposited KRW 60 million into the instant account, Defendant C is an individual.