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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.06.18 2019나3025
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff opened and used the Defendant’s bank account from April 2010. From around 2013 to around the same day, the Defendant gains unjust profits by deceiving the Plaintiff’s money by creating the passbook and the card through which the Defendant did not use the said account, such as repeated withdrawals in spite of the fact that the Defendant traded from around 2013, or withdrawing the payment of the check card that was not used by the Defendant. Therefore, the Defendant is obligated to return the corresponding profits to the Plaintiff.

2. The evidence presented by the Plaintiff alone is insufficient to deem that the Defendant gains profit without any legal ground or causes damage to the Plaintiff by acquiring money in the above account through the Defendant bank account opened in the name of the Plaintiff as alleged by the Plaintiff, by means of acquiring money in the above account, etc., and there is no other evidence to acknowledge this otherwise.

Therefore, the Plaintiff’s assertion is difficult to accept.

3. The plaintiff's claim for conclusion shall be dismissed on the ground of the ground of appeal.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit, and the plaintiff's claim extended by this court is also dismissed.

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