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(영문) 광주지방법원 2015.11.24 2014가단43088
부당이득금 등
Text

1. The Plaintiff:

A. Defendant B’s KRW 9,505 and as to this, 5% per annum from February 17, 2015 to November 24, 2015.

Reasons

1. Determination as to the claim against the defendant B

A. On July 13, 2014, from July 17, 2014 to July 17, 2014, a person whose name was omitted knew credit information such as the Plaintiff’s card number, resident number, authorized certificate, security card number, etc. as a member of the card, and was issued a cards in the Plaintiff’s name. The Plaintiff borrowed KRW 28,573,540 to the national bank account in the Plaintiff’s name, which is the settlement account linked with the said cards. (ii) On July 16, 2014, the person whose name was omitted transferred KRW 6 million in total on three occasions to the national bank account in the Plaintiff’s name, and KRW 3,500,000 in total on two occasions to one bank account in the Plaintiff’s name.

3) The balance of the said bank account in the name of Defendant B remains KRW 2, and the balance of the said one bank account remains KRW 9,503. [The fact that there is no dispute between the parties to the recognition fact, the entries in subparagraphs 1, 3, and 2-1, 2-2, and the response results in the submission order by the Korean bank and the Han bank as to the financial transaction information, the purport of the whole pleadings, as a whole.

B. 1) Defendant B, without any legal ground, received a transfer of the sum of KRW 9.5 million from the Plaintiff’s account in the name of the Plaintiff to the Plaintiff’s own bank account and the Han Bank account and received unjust enrichment equivalent to the above amount, the Defendant is obligated to return the above amount to the Plaintiff as unjust enrichment. According to the above facts of recognition, Defendant B, without any legal ground, gains profits for KRW 2,503 of the balance of the bank account in its own name, and KRW 9,503 of the balance of the Han Bank account, and the Plaintiff suffered losses equivalent to the same amount. Accordingly, Defendant B, as the Plaintiff suffered unjust enrichment, was served on the date following the delivery of a copy of the complaint in this case as sought by the Plaintiff.

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