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(영문) 서울중앙지방법원 2016.08.09 2015가단5355229
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, as a oil broker, is performing the duty of mediating the sale of oil between oil suppliers (sellers) and consumers (China, Hong Kong, etc.).

Es. Es. Es.S. is a Korean corporation that is engaged in ocean-going cargo transportation business and international shipping agency business and receives certain amount of money, such as operating expenses and fees, in accordance with the agreement by the Plaintiff.

On September 1, 2015, the Defendant succeeded to the legal relationship with the existing foreign exchange bank as it is, as it is, to a company that was merged and created by the Korea Exchange Bank (the form of merger between Korea Exchange Bank and Han Bank Co., Ltd.).

B. On January 14, 2015, Osmaa Co., Ltd. sent a written claim for payment to the Plaintiff, and requested the Plaintiff to pay USD 20,690 as an oil payment agent fee.

At the time, the claim details and the receipt account number (foreign exchange bank 650-096-394) were entered.

C. On February 2, 2015, the Plaintiff transferred USD 20,690 to the account (foreign exchange bank 650-007327-040) of Ebrate Co., Ltd. (hereinafter “foreign Co., Ltd.”) that has been traded through the HSBC bank (hereinafter “foreign Co., Ltd”).

(hereinafter “instant remittance”). D.

The Plaintiff sent to the Nonparty Company an e-mail with the knowledge that the remittance of the instant case was wrong and sent to the Nonparty Company an erroneous return of the money.

On February 5, 2015, the non-party company sent to the government branch of the foreign exchange bank a letter-certified mail stating that “the Plaintiff, by mistake, remitted USD 20,690 to the account of the payee without any cause of the transfer of funds, and the bank refuses to return it. However, the bank is refusing to do so. Civil and criminal liability refusing to return the amount of error is in the government branch of the foreign exchange bank.”

E. On the other hand, the non-party company was in arrears with its loans owed to the foreign exchange bank prior to the instant transfer, and the government branch of the foreign exchange bank shall be non-party on March 27, 2015.

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