beta
(영문) 서울중앙지방법원 2018.08.28 2018가단5118360

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff: (a) around March 13, 2018, as soon as he/she was in the name and unsing of the boxes, KRW 18 million with a corporate bank account in the name of B; and (b) the same year.

3.14.Before 14.C at the new bank account in the name of C, 35 million won, and the same year.

3. 15. Along with D’s corporate bank account, the sum of KRW 3.2 million was obtained by defraudation of KRW 56.2 million.

B. Of the above money, KRW 3,200,000,000 in the account of an enterprise bank in the name of D is the same year.

3. Around 15. Around the same day, the master account was transferred to the virtual account in the name of the defendant, and the suspect of Bosing withdrawn the virtual currency equivalent thereto, and the said money was transferred to the Defendant’s master account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion and the plaintiff's determination as to the above 56.2 million won are asserted as unjust enrichment without any legal ground.

There is insufficient evidence to acknowledge that the money deposited into the account in the name of the Defendant, B, and C was deposited into the virtual account under the Defendant’s management or its parent account.

In addition, 3.2 million won, which was deposited into the account under the name of D, has no evidence to deem that the defendant was unjust without any legal ground.

The plaintiff's assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.