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(영문) 의정부지방법원고양지원 2016.01.15 2015가단87557
부당이득금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On November 20, 2013, the Plaintiff issued an electronic bill with a face value of KRW 50,406,480 at the face value, and tried to transfer the electronic bill to the above company in order to approve the payment for the commercial branch office L&C expenses, which is the business partner. In error, the Plaintiff entered the commercial branch office L&C volume (hereinafter “non-party company”) as an endorsee.

B. On February 20, 2014, the amount of the foregoing electronic bill was deposited into the account held by the non-party company in the Defendant bank.

C. Accordingly, on May 23, 2014, the Defendant notified Nonparty Company of offset against the Defendant’s deposit claim equivalent to the amount deposited into the said account and the Defendant’s loan claim against the said company on May 30, 2014, and accordingly set off the deposit claim with the above loan claim.

On September 14, 2015, the Plaintiff asserted that the Defendant erroneously designated the endorsee of the electronic bill, thereby claiming the return of the money deposited into the account of the non-party company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings

2. The plaintiff asserts that the plaintiff's assertion of the parties is against the principle of good faith or abused the right of set-off to set off the money that the electronic bill drawn up by the plaintiff's mistake against the non-party company's claim for loans to the non-party company. Thus, the defendant claims that the amount equivalent to the amount of the bill is unjust in relation to the plaintiff.

In this regard, the defendant asserts that the non-party company is entitled to receive the payment of the bill, and that the non-party company is the non-party company and the defendant is merely exercising the right of set-off under the credit transaction agreement, so it does not constitute unjust enrichment.

3. The remitter shall be subject to the General Terms and Conditions of Deposits Transactions.

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