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(영문) 서울중앙지방법원 2017.04.25 2014가단5293041
부당이득금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 5,993,600, Defendant E’s KRW 5,997,600, and their respective amounts, from September 2, 2014.

Reasons

1. Basic facts

A. On September 2, 2014, the Plaintiff heard the Plaintiff’s statement to cooperate in an investigation because a passbook was created under the Plaintiff’s name from a person who misrepresented to an investigative agency, and informed the Plaintiff of financial-related information, such as the Plaintiff’s resident registration number, bank account number and password, and Internet banking ID and password.

After cancelling the Plaintiff’s installment savings deposit in the Plaintiff’s name by using the above information, the nominal holder transferred KRW 6,100,000 to the account in the name of the Plaintiff, KRW 6,000,000 to the account in the name of the Defendant C, KRW 6,050,00 to the account in the name of the Defendant D, KRW 6,000 to the account in the name of the Defendant E, KRW 6,000 to the account in the name of the Defendant E, and KRW 6,020,000 to the account in the name of the Defendant F.

The most of the transferred money was withdrawn from the Defendants’ account immediately after the transfer.

B. On September 3, 2014, the Plaintiff reported the fact of damage to the police, and was paid KRW 106,40,00 from the Defendant B on December 11, 2014, ② KRW 501,904 from the Defendant C on December 4, 2014, ③ KRW 2,400 from the Defendant E on December 11, 2014, ④ KRW 13,150 from the Defendant F on November 26, 2014.

Meanwhile, the credit union account of Defendant D had a balance of KRW 9,950 before deposit of KRW 6,050,000, and KRW 5,995,400 deposited more than six times after deposit of KRW 6,050,00, and the last balance remains in KRW 64,550.

[Grounds for Recognition: Facts without dispute, entry of Gap evidence 1, result of an order to submit financial data to the National Credit Union Federation of this Court, purport of the entire pleadings]

2. The plaintiff's assertion

A. The Defendants are obligated to return the amount claimed as unjust enrichment to the Plaintiff, inasmuch as they received money from the Plaintiff’s account without any legal ground as stated in the foregoing paragraph 1(a) and the Plaintiff suffered damages equivalent to the same amount, the Defendants are obligated to return the amount claimed as unjust enrichment to the Plaintiff.

(b) preliminary claim tort.

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