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(영문) 제주지방법원 2016.06.07 2015가단11143
부당이득금반환등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On February 24, 2015, the Plaintiff received a call from a person who was misrepresented to the Supreme Prosecutors' Office staff of the Supreme Prosecutors' Office on the statement that "on the part of the Plaintiff's personal information was leaked and used for a crime, all of the money deposited in the bank account in the name of the Plaintiff, deposit it into the fisheries cooperation account in the name of the Plaintiff, and the OTP security card number was changed to be known." On February 24, 2015, the Plaintiff deposited KRW 21,814,454 with the fisheries cooperation account in the name of the Plaintiff, and sent an OTP security card number to the person who was dis

B. On February 24, 2015, from around 14:03 to around 14:37, 201, the person under whose name the Plaintiff was not entitled to receive KRW 5,830,50 (5,830,000) from the Suhyup bank account in the name of the Plaintiff; KRW 5,830,50 (500) from the Busan Bank account in the name of the Defendant C; KRW 6,001,50 (6,000,000) in total to the corporate bank account in the name of the Defendant B; KRW 5,191,000 (5,190,000,000) in total to the one bank account in the name of the Defendant D; KRW 4,791,000 (4,790,000,000) in the aggregate to the Korean Standards Bank account in the name of the Defendant E; and KRW 1,500 (1,000,00) in each transfer.

C. Money transferred as above to the Defendants’ respective bank accounts under the Defendants’ name is not withdrawn from the Defendant E’s bank account. On June 4, 2015, except KRW 540,000 returned to the Plaintiff, all of the Plaintiff was withdrawn in cash from February 14, 2015 to 14:39.

【In the absence of dispute over the basis of recognition, Gap evidence 1, Eul evidence 2-1, Eul evidence 2-1, 2-1, and Eul evidence 1, and the court's order to submit each financial transaction information to the Korean Standards Bank, IBK Bank, IBK Bank, Han Bank, and Busan Bank, and the purport of the whole pleadings

2. The amount of money deposited in each bank account without any legal ground by the winners of the Plaintiff’s assertion, as above, from the Suhyup Bank account under the name of the Plaintiff to each bank account under the name of the Defendants.

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