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(영문) 서울서부지방법원 2015.06.11 2014가단10130
부당이득금
Text

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

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

Reasons

1. The following facts may be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is added to each entry in Gap evidence Nos. 1 through 4 (including paper numbers).

The Defendants issued a passbook and a e-mail card to the account in their name and notified the password to the end of the bearer box.

B. On November 27, 2013, the Plaintiff sent the phone number, resident registration number, OTP device password, etc. under the name of the Plaintiff at the request of the above-mentioned person, to the effect that “the Plaintiff would have taken safety devices against the money in the Plaintiff’s account because the personal information was stolen,” from a person who misrepresented to the Cyber Team.”

C. The above bearers transferred KRW 29,880,000 from the Plaintiff’s account in the name of the Plaintiff to the Agricultural Cooperative account in the name of Defendant B, to KRW 30,000,000, and KRW 30,000 from the Plaintiff’s account in the name of Defendant C, using information related to the Plaintiff’s account identified as above, respectively.

The Plaintiff filed an application for remedy for damages with the Financial Supervisory Service pursuant to the Special Act on the Refund of Damages, and received 96,00 won from the Agricultural Cooperative account in the name of Defendant D, which is the remaining amount after withdrawal by the winners of the name in the account in the name of the Defendants, from the Agricultural Cooperative account in the name of Defendant D, and from the Agricultural Cooperative account in the name of Defendant B, respectively.

2. The assertion and judgment

A. The Defendants asserted that the Plaintiff is liable to pay the remainder of the money that the Plaintiff remitted to the Plaintiff as unjust enrichment or tort compensation.

B. (i) Even if there is no legal relationship between the remitter and the addressee for determination of the claim for return of unjust enrichment, the addressee acquires deposit claims equivalent to the amount of account transfer by account transfer even if there is no legal relationship causing account transfer.

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