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(영문) 수원지방법원 안산지원 2017.01.10 2016가단62538

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 is the head of the Dvalescent Hospital (hereinafter “instant hospital”) in Ansan-si, the Plaintiff is the head of the Dvalescent Hospital in the Gu of Ansan-si, and the Defendant is a person who served as the head of the headquarters of E and the instant hospital from May 2009 to June 201.

B. From the bank account under the name of the Plaintiff to the Defendant’s bank account, KRW 22,351,973 on June 1, 2009, KRW 1,074,570 on March 31, 201, and KRW 1,090,00 on February 10, 201 were transferred, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion asserts that the Defendant, without the Plaintiff’s instruction, transferred money from the bank account under the Plaintiff’s name to the Defendant’s bank account, thereby unjust enrichment of KRW 24,516,543 without any legal ground. Thus, the Defendant is obligated to pay to the Plaintiff KRW 24,516,543 as a return of unjust enrichment and delay damages.

As to this, the defendant asserts to the purport that the above money was transferred from the bank account under the name of the plaintiff to the bank account of the defendant in the name of the plaintiff, and that the money was received from the bank account under the defendant's year-end settlement refund, and that there was no unjust enrichment, since the money was received from the bank account under the name of the plaintiff as the defendant's year-end settlement refund, the amount of KRW 1,074,570 on March 31, 201, and KRW 1,074,570 on February 1, 201.

B. The judgment is examined as follows: (a) from the bank account under the Plaintiff’s name to the bank account under the Defendant’s name of June 1, 2009; (b) KRW 1,074,570 on March 31, 201; and (c) KRW 1,090,000 on February 10, 201; (c) however, the fact that the bank account was remitted to the bank account under the Plaintiff’s name; (d) on the other hand, the fact that the Plaintiff transferred KRW 4,5,8, and KRW 1,20 on February 1, 201; (e) the inquiry results on the head of the U.S. branch office under the Defendant’s name; (e) the inquiry results on the head of the U.S. military branch office under the Defendant’s name; and (e) E from around 205 to the intention to operate the “E regularly” in the same building as the instant hospital; and (e) around January 2, 2007.