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(영문) 서울고등법원 2018.09.14 2017나2072639
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Presumed factual basis

A. The plaintiff and the defendant are married couple who completed the marriage report on May 17, 1985 or currently separately living together.

B. On May 15, 1991, the Plaintiff established C (the trade name of April 14, 200 was changed to D; hereinafter “D”) and was in office as representative director until then (the Defendant was discharged from office on August 1, 2010) and on February 27, 2006, E Co., Ltd (the trade name of March 24, 201 was changed to F; hereinafter “E”) established, and was in office as representative director until December 10, 2010.

(Defendant was employed as an intra-company director until December 10, 2010). (C)

Plaintiff

From the corporate bank account (G; hereinafter “Plaintiff’s account”) in the name of the Defendant (K; hereinafter “Defendant’s account”) to the corporate bank account in the name of the Defendant (K; hereinafter “Defendant’s account”), KRW 190 million on July 22, 2009, ② KRW 200 million on July 23, 2009, ③ KRW 54.6 million on July 27, 2009.

From the Defendant’s account on July 23, 2009, KRW 79 million was remitted from the Defendant’s account to the accounting firm’s upper support (hereinafter “ upper support”). The Defendant remitted the total of KRW 80 million on January 7, 2010 and KRW 480 million on February 19, 2010 to E.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 10, Eul evidence Nos. 67 and 68 (including each number, if any), the purport of the whole pleadings

2. Determination as to the claim for return of unjust enrichment

A. While managing the Plaintiff’s account and seal, the Defendant: (a) arbitrarily transferred the Plaintiff’s money from the Plaintiff’s account to the Defendant’s account without the Plaintiff’s consent; (b) KRW 54,96 million.

The defendant is obligated to return as unjust enrichment KRW 470,60,000,000,000 from KRW 549,660,000, which was remitted to the plaintiff without permission as above, after deducting KRW 79,000,000 from KRW 59,000,000,00

B. The fact that the Defendant, from July 22, 2009 to July 27, 2009, remitted KRW 546 million from the Plaintiff’s account to the Defendant’s account is recognized.

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