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(영문) 부산지방법원 2016.05.12 2015가단218088
부당이득금 등
Text

1. The Defendant’s KRW 54,300,000 and the Plaintiff’s annual rate of KRW 5% from June 9, 2015 to May 12, 2016.

Reasons

1. Determination on the claim for return of unjust enrichment due to the unauthorized withdrawal of deposits, etc.

A. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 5 as to the cause of the claim, the Defendant is the Plaintiff’s relative relative, and the Defendant, without permission, transfers KRW 18,000,000 from the Plaintiff’s National Bank Account (C; hereinafter “instant account”) to the Defendant’s account, and withdraws KRW 10,000,000 on May 17, 201, in cash, and withdraw KRW 10,00,000 as a check.

According to the above facts, the defendant is obligated to pay to the plaintiff the above 32,300,000 won by return of unjust enrichment, barring any special circumstance, since he gains property profit equivalent to the sum of KRW 32,30,000 with the plaintiff's property without any legal ground and thereby causes damages equivalent to the above amount to the plaintiff.

Meanwhile, in addition to the above money, the Plaintiff asserts that the Defendant illegally withdrawn the above money from the instant account on April 14, 201 to KRW 2,000,000, and KRW 5,000,000 on May 27, 2011, and claimed the return of the money. However, it is insufficient to recognize that the Defendant withdrawn the above money from the instant account and used it for personal purposes, and there is no other evidence to prove otherwise (the Defendant asserts to the effect that the Plaintiff used the above money for daily expenses or donated it to a third party). The above part of the allegation is without merit.

B. As to the judgment on the Defendant’s assertion, the Defendant borrowed KRW 34,432,980 from the Defendant to March 21, 2012, and borrowed a certain amount from Nonparty D, another son. On April 14, 2011, the Defendant had the Plaintiff transfer KRW 18,000,000 from the instant account to the Defendant’s account under the pretext of repayment of the above borrowed amount with respect to the Defendant and D, and on May 17, 2011, withdrawn KRW 10,000 from the instant account under the pretext of repayment of the borrowed amount with respect to D.

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