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(영문) 부산지방법원 2019.01.10 2016가단60644
부당이득금반환
Text

1. Defendant C: (a) from November 29, 2016, the amount of KRW 30,000 to Plaintiff A, KRW 27,50,000 to Plaintiff B, and each of the said amounts.

Reasons

1. The defendant C, who is the head of the Working Group in Famno-gu branch of Famno-do branch, will provide the plaintiffs with an employment of KRW 30,000,000 on the basis of the basic facts.

The fact that the plaintiffs were not employed even if they were transferred to their own designated accounts as follows, does not conflict between the plaintiffs and the defendant C.

Plaintiff

A Transfer of KRW 20,00,000 to the account of Defendant D (Defendant C’s spouse) on March 25, 2016, March 2016, 2016, and KRW 10,000 to the account of Defendant E, from March 25, 2016, to the account of Defendant D’s remittance of KRW 30,00,000,000.

2. The Defendants, who are the cause of the claim, conspired to acquire 30,000,00 won from the Plaintiffs, thereby Defendant C shall return the total amount of remittance to unjust enrichment, and Defendant D and Defendant E shall jointly return the amount remitted to their own account to Defendant C, respectively. However, as shown below, Plaintiff B received 2,50,000 won from Defendant D on May 25, 2015, excluding the amount of KRW 2,50,000,00 from Defendant D, and this money is irrelevant to the amount of fraud, but Plaintiff B filed a claim after deducting this amount from unjust enrichment.

27,500,000 won shall be claimed for return only.

3. Determination

A. Defendant C shall return to Plaintiff A KRW 30,00,000, and KRW 27,500,000 to Plaintiff B as unjust enrichment, and as a result, Defendant C shall be obligated to pay the amount of delay damages at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 29, 2016 to the date of complete payment, as the Plaintiff seeks, with respect to each of the above money.

B. Article 6(3)1 of the Electronic Financial Transactions Act prohibits, in principle, the transfer of a means of access in an electronic financial transaction, such as an electronic card or password, such as a cash card, etc., and punishes the act of violation. This is not transparent due to the conduct of an electronic financial transaction conducted by a person other than the deposit account holder’s name.

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