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1. Defendant G is 5% per annum from May 8, 2014 to December 19, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. On September 2013, the Plaintiff misrepresented himself/herself as the staff of the new capital and transferred the amount of KRW 10 million to the new bank account of Defendant B, KRW 15 million to Defendant C’s new bank account, KRW 5 million to Defendant E’s foreign exchange bank account, KRW 10 million to Defendant E’s post office account, KRW 5 million to Defendant F’s 5 million to Defendant F community credit bank account, KRW 47 million to Defendant G bank account, KRW 70 million to Defendant H’s corporate bank account, and KRW 70 million to Defendant H bank account (hereinafter “each of the instant remittance”).
(hereinafter referred to as the “phishing of this case”). (b)
Each of the above money remitted to each of the Defendants’ respective accounts was immediately withdrawn from each of the instant money via a name-free box, but only three million won was withdrawn from the Defendant G’s account.
【Fact-finding without any dispute, Gap 1, 2, Eul 1 through 5, Eul 1 and 2, each fact-finding result of this court's fact-finding, the purport of the whole pleadings
2. Determination
A. The Plaintiff asserted that each of the transfers of the instant case, which was made in accordance with the phishing crime of this case, was done without any legal ground, and constitutes unjust enrichment, and sought the return of each of the instant transfers to the Defendants.
B. Determination on the cause of claim 1) In a case where, although there is no legal relationship between a remitter and an addressee as the cause of account transfer, an addressee acquires a deposit claim equivalent to the amount of account transfer by account transfer, the remitter is entitled to claim restitution of unjust enrichment from the addressee (see, e.g., Supreme Court Decisions 2007Da51239, Nov. 29, 2007; 2007Da66088, May 27, 2010). However, the unjust enrichment system is the principle of fairness and justice in a case where the beneficiary’s property gains have no legal cause.