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(영문) 전주지방법원 2015.10.23 2014나10222

부당이득금반환

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1. Of the primary claims of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.

Reasons

1. After remanding, the Plaintiff brought an action against the Defendant and the Co-Defendant B, E, and the Co-Defendant C of the first instance trial prior to the remanding of the case, claiming the payment of either KRW 6,100,000 and the damages for delay on the ground of unjust enrichment.

The court of first instance dismissed all of the plaintiff's primary claims, and ruled that the part against the co-defendant B of the first instance concerning the conjunctive claims is cited in its entirety, and that the remaining part against the defendants is cited in its part.

The plaintiff appealed from the judgment of the court of first instance as to the part against the defendant's primary claim. The court of first instance prior to the remand dismissed the plaintiff's appeal.

Therefore, the plaintiff appealed. The Supreme Court reversed the part against the plaintiff in the judgment before remanding the plaintiff's appeal and remanded it to this court.

Therefore, the subject of the judgment of this court is limited to the above reversed and remanded part.

2. The Plaintiff asserted that the Plaintiff remitted KRW 6.1 million to the Defendant’s deposit account due to damage to the so-called Bosing crime as follows.

Therefore, around the other hand, the defendant has a duty to return the money to the plaintiff because he obtained the profit equivalent to the remittance amount without any legal ground.

In addition, the Defendant is obligated to pay the Plaintiff the amount equivalent to KRW 6,100,00,00 for tort damages, as the Defendant conspireds to and participated in the singishing crime in the above transfer process of the Plaintiff, or at least transferred the passbook, etc. opened in his name to the offender, thereby facilitating the singishing crime.

3. Judgment as to the main claim

A. On September 27, 2011, the Plaintiff, who was found guilty, committed a false representation of the investigator of the Supreme Prosecutors’ Office, in the name of the Plaintiff.