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(영문) 전주지방법원 2015.11.17 2014가단14537
부당이득금반환
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 3,910,000, and Defendant F, KRW 1,000,00.

Reasons

1. On February 10, 2014, the basic facts were written from a person under whose name the Plaintiff misrepresented that he/she is an employee of a financial company of Han Capital, and were engaged in a nameless and unsound currency with the statement that he/she could obtain a loan from the person under whose name the Plaintiff deposited money to an account that is known as necessary for the loan, such as deposit money, certified judicial scrivener fees, and stamp fees, etc., from the person under whose name the Plaintiff deposited the money to the account in order to obtain a loan. The fact that the Plaintiff was subject to criminal injury of "Sphishing" under the name that he/she remitted money to the account under the name of the Defendants as described below, as stated in the table below, is recognized in full view of the overall purport of the pleadings as evidence Nos. 1, 2, 3, 6, 7, and 8 (including each number).

The amount of deposit account deposited in the name of a temporary deposit account on February 11, 2014, the post office, K 3,00,000 won in KRW 3,00 in KRW 3,00,00 in KRW 3,90,00 in each of the B offices, L 5,891,000 in each of the 3,91,000 won in each of the 3,910,000 won in each of the 3,91,000 won in each of the 3,91,000 won in each of the 3,910,000 won in each of the 3,000,000 won in each of the 3,630,000 won in each of the 14,00 won in each of the E, N 1,888,00 won in each of the 3,00 won in each of the 18,2014.

2. Determination as to claims against Defendant B, C, D, F, G, H, and I

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable provisions of Acts: Defendant C, I - Article 208(3)3 of the Civil Procedure Act (a judgment made by service by public notice), Defendant B, D, F, G, H - Article 208(3)2, and Article 150(3) of the Civil Procedure Act (a) (a judgment made by a person who is deemed as one of the parties, Defendant H submitted a written answer, but there is no indication that the claim in this case is disputing);

3. Determination as to the claim against Defendant E and J

A. The plaintiff's assertion that the money deposited in each of the above accounts under the above defendants' names was deposited without any legal ground, and the above defendants returned the above money to the plaintiff as unjust enrichment (the main claim) or provide the above defendants with each of the above accounts under the name of the above defendants to the non-indicted 1.

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