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(영문) 서울북부지방법원 2020.07.23 2019가합26322
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. From May 2014, the Plaintiff asserted that the Plaintiff requested the Defendant, who is a deadly related type of death, for the operation of plastic chain C, because the health is not good while running plastic chain C.

Upon request of the Plaintiff, the Defendant kept the Plaintiff’s seal while running C. However, on August 29, 2014, the Defendant: (a) prepared a withdrawal slip without the Plaintiff’s consent; (b) sealed the Plaintiff’s seal; and (c) deposited KRW 20,00,00 from the D account in the name of C to collect KRW 20,00,00,00; and (d) embezzled KRW 378,675,377 from the Plaintiff’s or C’s account to May 22, 2015; and (b) arbitrarily collected KRW 378,675,377 from the Plaintiff’s name, as indicated in the following table, and rejected the Plaintiff’s return of KRW

CD E FG G G G G G C I I I H H H H H H H H H H H H H H H H H H H H C C C C C C C C C C C C C C C C C CF F F I I I I I I G G G G G G G G G G G M M N, which the Plaintiff arbitrarily released from the Defendant, for damages or unjust enrichment for which the Defendant had committed a tort.

2. According to the statement in Gap evidence No. 1, it is recognized that the sum of KRW 378,675,377 from around that time to May 22, 2015 was deposited in KRW 20,000 from the bank account in the name of the plaintiff or C, as well as from around August 29, 2014.

However, the following circumstances, i.e., the evidence submitted by the Plaintiff on the grounds of embezzlement or unjust enrichment, are merely a 33-round statement of KRW 378,675,37, as the evidence submitted by the Plaintiff on the grounds of embezzlement or unjust enrichment. Each of the above withdrawal money statements is written with the Plaintiff’s name and affixed the Plaintiff’s seal or signature thereon, and the Defendant withdraws KRW 378,675,377 without the Plaintiff’s consent.

There is no evidence to deem that it was used at will regardless of the operation of the plaintiff or C, and ③ The plaintiff operated C from August 2014 to May 2015 by the defendant.

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