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(영문) 서울중앙지방법원 2018.04.26 2017가단5174233
손해배상(기)
Text

1. Defendant B’s KRW 30,097,491 as well as 5% per annum from September 9, 2017 to September 25, 2017 to the Plaintiff.

Reasons

1. Determination as to claims against Defendant B and C

(a) Indication of claims: To be stated in the corresponding part of the grounds for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Determination as to the claim against Defendant D

A. Defendant B, while managing the Plaintiff’s account on March 2, 2017, embezzled KRW 2,00,000 from the Plaintiff’s account under the Plaintiff’s name to his own account under the Defendant D’s name. The fact that there is no legal relationship between the Plaintiff and Defendant D does not exist between the parties.

B. According to the above facts, Defendant D obtained profits equivalent to KRW 2,00,000 without any legal cause due to Defendant B’s embezzlement, and accordingly, the Plaintiff suffered damages equivalent to the same amount, and barring any special circumstance, Defendant D is obligated to return this amount to the Plaintiff as unjust enrichment.

In regard to this, Defendant D alleged that the above 2,00,000 won was repaid to Defendant B, and at least there was a legal cause between Defendant B, and further, Defendant B did not constitute unjust enrichment because there was no bad faith or negligence on the embezzlement of the above amount. However, Defendant D did not submit any evidence to support it. Thus, the above Defendant’s assertion is without merit without need to further examine.

3. Thus, the plaintiff's claim against the defendants is accepted on the ground of its reasoning.

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