logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.03.10 2014가단40803
부당이득금반환 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. On November 17, 2014, the Plaintiff received a telephone from a person who assumes a false name from the prosecutor, and accordingly remitted KRW 6,500,000 from the account under the name of the Plaintiff to the Defendant’s name.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. Since there is no legal relationship that causes the account transfer between the principal assertion and the defendant, the defendant is obligated to return the above KRW 6,500,000 to the plaintiff as unjust enrichment.

B. Preliminary Defendant predicted that it may be used for the so-called "Singing" crime, but transferred his account under his name to a person who has failed to obtain his name, or made it easier to commit a financial fraud of a person who has failed to obtain his name by allowing the person who has failed to obtain his name due to negligence to use the passbook under his name, and thus, he is liable for damages as a joint tortfeasor under Article 760

3. Determination

A. Although there is no legal relationship between the remitter and the addressee as the cause of the account transfer, if the addressee acquires the deposit claim equivalent to the amount of the account transfer through the account transfer even though there is no legal relationship between the remitter and the addressee, the remitter may be entitled to claim the return of unjust enrichment from the addressee (see, e.g., Supreme Court Decision 2007Da51239, Nov. 29, 2007). The unjust enrichment system imposes the duty of return on the benefiting person on the basis of the principle of fair justice in a case where the benefiting person’s property gains do not have the legal cause. Thus, if the benefiting person does not have any substantial benefit, the benefiting person cannot be held liable to return it, and therefore, if the benefiting person did not own the benefiting person’s personal information and wired the money to each account under the name

Even if the Defendants were to have benefited from the aforementioned remitted money, the Defendants were to do so.

arrow