부당이득금
The judgment of the first instance court is modified as follows. A.
The plaintiff's primary claim is dismissed.
B. The defendant is against the plaintiff.
1. Basic facts
A. From August 2017, the Defendant works at the Defendant’s place of business (hereinafter “instant place of business”) in which the Defendant’s Lee Jinh located in the Vietnam War (Bac Ninh) is serving as the Defendant’s place of business (hereinafter “instant place of business”).
B. At around 11:30 on January 7, 2019, the Plaintiff received a call from an unqualified person who assumes the position of the employee of the Financial Supervisory Service, stating that “the Plaintiff’s account was used for a crime, and would be subject to summary investigation if cooperation in the investigation is required to undergo a detention investigation,” and transferred KRW 30 million to the C account of the Defendant Company in the name of the Defendant (hereinafter “instant account”) around 14:33, 2019.
B. Since then, upon the Plaintiff’s request, the Special Act on the Prevention of Loss from Telecommunications-based Financial Fraud and Refund of Loss, the Defendant filed an objection pursuant to Article 7 of the same Act, etc., and the Financial Supervisory Service, around March 11, 2019, accepted the Defendant’s objection and dismissed the suspension of payment on the account of this case.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 3 and 4, and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's primary assertion 1) The plaintiff is entitled to deposit KRW 30 million with the account of this case, which belongs to the person without the name of the plaintiff, and the defendant is obligated to pay 30 million won and damages for delay since he acquired benefits without any legal cause. 2) Even if the preliminary assertion is not so, the defendant let the person with the name of the plaintiff use the account of this case for the crime of fraud, so the defendant is liable for joint tort with the person with the name of the plaintiff.
B. The Defendant requested the exchange of won currency in Vietnam with money deposited by the account in the name of the Defendant at the place of the instant business. The Defendant only exchanged Korean currency with Vietnam withdrawn from the bank and Vietnam currency in the instant business place.
Therefore, the defendant.