부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition as the basis;
A. On April 18, 2018, the Plaintiff: (a) deposited KRW 20,000,000 in the company bank account in the name of C around April 14, 2018; and (b) deposited KRW 20,000,000 in the name of D’s SC bank account in the name of D around 17:05 on the same day; and (c) fraudulently acquired KRW 40,00,000.
B. Of the above money, KRW 20,000,000 in the company bank account in the name of C was transferred to the virtual account issued by the Defendant with C as its members (hereinafter “instant virtual account”) around April 18, 2018, when it was around 14:51, 2018.
[Ground of recognition] Facts without dispute, Gap 1, 2-1, 2-2, Eul 1-1, the purport of the whole pleadings
2. Plaintiff’s assertion and judgment thereon
A. The argument 1) The plaintiff asserts that 40,000,000 won, which the plaintiff acquired by deceit, was unjustly unjust enrichment without any legal ground. 2) The judgment of the court below, and first, there is no evidence to prove that the money deposited by the plaintiff to the SCB bank account under the name of D was deposited into the virtual account or its mother account managed by the defendant.
Next, with respect to KRW 20,00,000 deposited by the Plaintiff to the company bank account in the name of C, the foregoing money was transferred to the company bank account in this case, and the fact that the Defendant’s corporate bank F account in the name of the Defendant, which is the parent account in the above virtual account, was suspended thereafter is recognized or recognized by the purport of the entire pleadings.
However, Article 17(1) of the "E Use Clause" provides that "When a member deposits cash in the account designated by the company, the company shall pay KRW equivalent to the quantity calculated by the ratio of 1 KRW deposited in the account to the E branch of the member, if the member deposits the cash to the account designated by the company." Paragraph (6) of the same Article provides that "if a member requests the company to withdraw KRW held by the member, the company shall pay 1 KRW to the E branch of the member."