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(영문) 의정부지방법원 2018.04.20 2017가단116012
부당이득금
Text

1. As to KRW 35,435,00 and KRW 30,435,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 5,435,00 from July 20, 2017, and KRW 5,00,000.

Reasons

1. Demanding unjust enrichment;

A. Basic facts (1) The plaintiff, the defendant, and the non-party deceased C are South Korea.

The C died around May 2017.

(2) On June 1, 2015, the Defendant opened the NAC Account, and on June 28, 2016, the balance of the said NAC Account was KRW 34,608,967.

(3) Upon the Plaintiff’s request, the Defendant withdrawn KRW 30,000,000, out of the money entered in the said Agricultural Cooperative Account on July 28, 2016, and subscribed to the term deposit at our bank (one year, one point four-five percent interest rate, and thirty thousand,435,000 for the full payment).

(4) The Plaintiff demanded the return of the due amount to the Defendant after the due date of the fixed deposit became due, but the Defendant rejected it.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence Nos. 1-2, 2-2, the purport of the whole pleadings

B. The key issue of this case (1) The Plaintiff asserts that from June 1, 2015, he used the said agricultural bank account continuously, and 30,000,000 won, which was entered the said agricultural bank account, was also prepared by himself.

(2) As to this, the Defendant asserted that the said agricultural bank account was used from June 1, 2015 to June 28, 2016, and the Plaintiff used the said agricultural bank account from July 28, 2016, and that the said KRW 30,000,000 was the money created by the said C.

(3) Therefore, from June 1, 2015 to June 28, 2016, the Plaintiff and the above C are the issues of the instant case.

C. On April 20, 2016, KRW 3,00,000, out of the money deposited in the said Nonghyup account, was used for the Plaintiff’s medical expenses. While the said C had resided in Jeju-do, the said C was generated from the physician’s government in which the Plaintiff was residing most of the money deposited and withdrawn from the said Nonghyup account.

(A) Nos. 7, 8, and 9. As seen earlier, in addition to the fact that the Defendant withdrawn KRW 30,000,000 from the said Nonghyup’s account at the request of the Plaintiff, the person who used the said Nonghyup’s account from June 1, 2015 to June 28, 2016 is not the Plaintiff.

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