logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.04.24 2019나2676
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Each of the facts below basic facts may be acknowledged, either in dispute between the parties, or in full view of Gap evidence 2, Eul evidence 1, Eul evidence 4-1, and Eul evidence 4-2, and in the first instance court's response to the order to submit financial transaction information to the Cbank, the whole purport of the pleadings. A.

As the defendant's birth, the plaintiff made a stock investment using a Cbank Securities exclusive account (Account Number D, Product Name E) in the name of the defendant.

B. The Plaintiff deposited KRW 10 million in the said account on October 28, 2008, and KRW 37,891,700 on October 29, 2008.

C. On October 31, 2008, the Defendant deposited KRW 8 million (one million in cash), KRW 10 million on November 6, 2008 (one million in cash), and KRW 2 million on November 18, 2008 (one cashier's checks) from the above account and delivered to the Plaintiff.

On December 22, 2008, the Plaintiff withdrawn KRW 1.3 million from the said account, and KRW 500,000 on December 29, 2018.

As of May 20, 2019, the Plaintiff deposited KRW 10 million in the said account on January 12, 2009, and KRW 9 million on February 4, 2009, and did not deposit money thereafter.

E. The Defendant lent to the Plaintiff KRW 1 million in total, including KRW 7 million on August 30, 2010, KRW 200 million on September 9, 2010, and KRW 1 million on September 13, 2010.

On the other hand, the plaintiff demanded the return of money deposited in the above account because it is urgently needed and the defendant demanded the return of money deposited in the above account, so that the defendant suffered a loss if he sells shares in the present situation, and borrowed the amount of KRW 1 million to the defendant, and eventually, the defendant was merely refunded the money to the plaintiff.

2. The plaintiff's assertion and judgment

A. The plaintiff alleged that he deposited the total amount of 19 million won in the above account on January 12, 2009 and February 4, 2009, and did not actually make a stock transaction using the above account. The defendant made a stock transaction by arbitrarily using the above account.

arrow