(영문) 서울중앙지방법원 2015.04.07 2014가단101833

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(영문) 서울중앙지방법원 2015.04.07 2014가단101833

부당이득금반환등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On June 201, the Plaintiff received the confirmation of the passbook and family relation certificate in the name of the Defendant from C, who is his/her father, and proposed that he/she pay a high interest to the Defendant who engages in the bond business if he/she makes an investment.

B. On November 1, 2011, the Plaintiff deposited KRW 67,700,00 in the name of the head of the Tong in the name of the Defendant from that time to August 26, 2012, with the Defendant’s new bank deposit amounting to KRW 57,90,000 from that time. Only KRW 57,90,000 among them was returned.

C. In addition, on February 2012, 2012, the Plaintiff received contact from C to ask for the identification of the house that he/she would rent, and sought a house to rent from C, and the Plaintiff received a passbook in the name of the Defendant as the passbook in the name of the Defendant, and received the same year.

3.21. The intermediate payment of KRW 39,500,000,000 for the same year.

3. Although C paid KRW 3,500,000 to the remainder of 22.2, it acquired the sum of KRW 48,000,000 by entering into a lease contract under its own name by using the said money (=5,000,000 won KRW 39,50,000).

The defendant is liable for compensating the plaintiff for damages of KRW 57,80,000 (=67,700,000-57,900,000) in collusion with C, such as lending a passbook under his own name, etc., and the defendant is liable for compensating the plaintiff for damages of KRW 57,80,000 (=67,700,000).

2. According to the overall purport of the statements and arguments by Gap evidence 1, Gap evidence 3, Eul evidence 4, Eul evidence 1, Eul evidence 3, and Eul evidence 3, it can be acknowledged that Eul remitted the money to the defendant's father, ② the plaintiff transferred the money to the head of the Tong in the name of the defendant to the head of the Tong in the name of the defendant, ② the fact that the plaintiff transferred the money to the bank from time to time from time to time in the name of the defendant, ④ the fact that the plaintiff deposited the money from July 1, 2011 to August 26, 2012, ④ the fact that the money has been transferred to the bank from time to time in the name of the defendant.

However, an individual by means of electronic financial transactions.

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