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(영문) 창원지방법원 2016.05.27 2015가단81221
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Defendant filed a claim with the Plaintiff, which did not pay the Plaintiff the periodical installment amount that the Plaintiff paid or terminated even before maturity, withdrawn the amount without permission from the Plaintiff’s account without the Plaintiff’s request, and received the loan in spite of the fact that the Plaintiff applied for the loan, or made a double repayment of the loan, without any legal cause, and thus, the Plaintiff should return the amount to the Plaintiff.

However, as asserted by the Plaintiff, the Defendant, a financial institution, without paying the money to be paid to the Plaintiff, voluntarily keeps the case.

There is no evidence to acknowledge that the Defendant had conducted at will a financial transaction irrespective of the Plaintiff’s intent.

Rather, according to the statements in Eul evidence Nos. 1 through 28 (including the number of pages), all financial transactions in which the plaintiff raises an objection seems to have been duly conducted according to the plaintiff's intention.

Therefore, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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