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(영문) 부산지방법원 2015.05.13 2014가단26381

부당이득금반환 등

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 6,00, Defendant C’s KRW 8,400, and each of the above amounts, from February 27, 2014 to February 2015.

Reasons

1. Facts of recognition;

A. On February 27, 2014, the Plaintiff entered the financial information of his/her corporate bank account, after having access to the website of the prosecutor’s office and having access to the “personal information and financial account information after having access to the website of the prosecutor’s office” from a person under whose name the investigator assumess the Seoul Central Prosecutor’s Office.

B. On the same day, the bearers transferred each amount from the Plaintiff’s corporate bank account to the Defendants’ account as indicated below, using financial information entered by the Plaintiff on the same day.

① Defendant B: 3 times in the Nong Bank account (F), KRW 5.790,00 won, two times in the 3.199 million account (G), ② Defendant C: 4.6 million won in the 6.6 million account in the 6-time 4.6 million won account in the 6-time 6.6 million won account in the 6-time 4.6 million won account in the 6-time 4.6 million account in the 6-time 6.6 million account in the 6-time 4.6 billion account in the 2-time 1.9 million account in the 2-time 1.90,000 won in the 3-time 5.7 million account in the 5.7 billion account in the 2-time 5.7

2. Determination as to the claim against Defendant D and E

A. Defendant D and E have acquired their deposit claims equivalent to the amount transferred to their respective above accounts without any legal cause, and thus are obligated to return the amount of the deposit to the Plaintiff.

Therefore, Defendant D is obligated to pay damages for delay calculated at each rate of 20 million won per annum under the Special Act on the Promotion, etc. of Legal Proceedings from February 27, 2014 to February 19, 2014 with respect to each of the above amounts, and from February 27, 2014 to February 21, 2014, as to each of the above amounts, the date the duplicate of each of the complaint in this case was served on the said Defendants, and from May 19, 2014 to May 21, 2014, and from May 21, 2014 to the date the copy of each of the complaint in this case was served on the said Defendants.

B. Article 208(3)2 of the Civil Procedure Act

3. Determination as to claims against Defendant B and C

A. Determination as to the primary cause of claim (the claim for restitution of unjust enrichment) is that the above Defendants’ deposit claims equivalent to the amount deposited into their own account without any legal cause.