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(영문) 서울중앙지방법원 2016.03.25 2015가단5290490
수수료 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2014, the Plaintiff requested the Defendant, who operates the lending company under the name of “C”, to transfer funds by issuing the letter of confirmation of transfer of funds for regular deposit under the following contents, and paid KRW 30 million to the Defendant at the fee.

(hereinafter “instant agreement”). (1) Amount: 1.5 billion won: The period: from December 26, 2014 to February 25, 2015.

(4) A financial institution: An error Dong point of one bank. (5) Gu unit shall be verified only to the requester and the Gu unit number.

(6) Other: Not requiring documentary evidence, such as the real name, balance certificate, copy of passbook, etc. of deposit certificates.

(7) The nature of the above amount shall be for presentation of history.

B. By December 26, 2014, the Plaintiff paid a total of KRW 30 million to the Defendant pursuant to the instant agreement. From December 29, 2014 to March 2, 2015, the Defendant deposited KRW 1.5 billion at the error Dong branch of Han Bank under the name of Nonparty D (hereinafter “instant funds”).

[Reasons for Recognition: Facts without dispute, entry of Gap 1, 6, 7 evidence, Eul 2 and 4 evidence, the response results of Han Bank Co., Ltd. concerning an order to submit financial transaction information in this Court, the purport of the whole pleadings

2. However, although the Defendant did not actually intend to deposit the funds of this case in the name of the Plaintiff at the Han Bank error Dong branch, the Plaintiff deceivings the Plaintiff that “I will deposit KRW 1.5 billion in the name of the Plaintiff.” The Plaintiff entered into the instant agreement with the Defendant and paid KRW 30 million in fees. The instant agreement is the Defendant’s agreement.

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