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(영문) 서울중앙지방법원 2016.01.12 2015가단4274
부당이득금반환등
Text

1. The Plaintiff:

A. Defendant B’s KRW 14,709,000 and for this, KRW 5% per annum from April 30, 2014 to June 13, 2015.

Reasons

1. Determination as to claims against Defendant B, D, E, and F

A. A. A. On April 30, 2014, the Plaintiff provided personal information to an unqualified person by deceiving the employee of the prosecutor’s office, who was misrepresented from the Defendant’s office. On the other hand, the Nonparty, using the Plaintiff’s personal information, acquired KRW 24,319,842 from the Plaintiff’s account under the name of the Defendant B to the account of community credit cooperatives (Account Number: G), KRW 5,898,766, KRW 1,513,126 from the Defendant E’s post office account (Account Number: I), KRW 5,90,072 from the Defendant F’s post office account (Account Number:J), and KRW 6,01,114 from the Defendant F’s corporate bank account (Account Number: K).

(2) On the other hand, the Plaintiff reported the fact of damage to the police station around May 2, 2014 and received a refund of the balance of deposits remaining in each of the above Defendants’ accounts through the Financial Supervisory Service around July 25, 2014 and around July 30, 2014. The amount of refund and the amount of refund by each Defendant are as listed below.

The amount refunded to the Defendant’s account (won) is not yet refunded to Defendant B’s account (won) 14,610,84214,709,000 Defendant DIB’s account 4,898,1201,000,646 Defendant EIB’s account 1,513,126 Defendant FF’s account 11,9821,985,314; Defendant B and E: The purport of the entire entries and arguments in the evidence No. 1 through No. 13, as well as the entire purport of each of the evidence No. 1 to No. 13; F

B. According to the above facts of recognition, the Defendants obtained unjust enrichment equivalent to the amount transferred from the Plaintiff’s account through each Defendants’ holding account without any title.

As such, Defendant B’s payment of KRW 14,709,00, the number of unpaid transfer amounts, and the date of delivery of a copy of the complaint in this case from April 30, 2014 to June 13, 2015, clearly stated that it is the date of delivery of a copy of the complaint in this case, and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to September 30, 2015, is prescribed by the Civil Act.

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