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(영문) 인천지방법원 2017.04.27 2016가단12129

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff heard the statement that he would sell the Plaintiff’s vehicle with heavy interest from the person who was not the Plaintiff’s name, and confirmed that he had the Plaintiff’s son’s son’s claim, and remitted KRW 50 million, which is part of the purchase price, to the Defendant’s account designated by the person who was not the Plaintiff’s name.

During waiting for the vehicle transport vehicle, I heard the rumor that he received daily allowances from C, and made a call call with the person who was named in the name of the victim and the telephone contact, but made a call report to the Asan Police Station.

Since the defendant acquired 50 million won without any legal ground, it is obligated to return 50 million won to the plaintiff.

B. The Defendant operated a money exchange center in the area of the Philippines, confirmed the deposit of KRW 50 million with D, and paid KRW 50 million to D, thus making it possible for D to exchange the Korean fire extinguishing amounting to KRW 50 million, so there was no unjust enrichment.

2. Facts of recognition;

A. On March 14, 2016, the person in whose name the Plaintiff was unaware of the intention or ability to sell the vehicle to the Plaintiff, and acquired the vehicle by transfer from the Plaintiff to the single bank account in the name of the Defendant, which is part of the purchase price.

B. On March 14, 2016, D presented a passport to the Defendant at the Defendant’s travel office and exchange business office located in the Philippines Mar. 14, 2016, stating that “it is necessary to conduct business in the Philippines. It is necessary to request the Defendant to exchange the amount of KRW 50 million in the name of the Plaintiff to a page,” and the Defendant confirmed D’s personal information.

When the amount of KRW 50 million has been transferred to the account of Hana Bank in the name of the defendant, the defendant delivered 400,000 won to D corresponding to it.

[Ground of recognition] Evidence Nos. 1 through 4, Eul Nos. 3, 6, 10, and 11, and the purport of the whole pleadings

3. Determination

A. The unjust enrichment system lacks legal causes.