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(영문) 수원지방법원안양지원 2017.12.15 2017가단4247
부당이득금반한
Text

1. The Defendant’s KRW 7,222,00 as well as the Plaintiff’s annual rate of KRW 5% from April 23, 2017 to December 15, 2017.

Reasons

1. Determination as to the cause of claim

A. The Defendant, who is the Plaintiff’s ancillary to the Plaintiff’s assertion, stolen the Plaintiff’s passbook and seal from April 1, 2010 to February 14, 2017, and wrongfully distributed KRW 47,851,646 from the Plaintiff’s bank account in the name of the Plaintiff and used it without permission, and thus, the Plaintiff is obligated to return the said KRW 47,851,646 and the amount calculated by adding the statutory interest thereto to the Plaintiff.

B. The Defendant’s withdrawal of KRW 47,851,646 in total from the bank account in the name of the Plaintiff from April 1, 2010 to February 14, 2017 is without dispute between the parties, and the Defendant arbitrarily uses KRW 7,22,00,000, which was withdrawn after May 6, 2015.

However, the following facts or circumstances revealed by comprehensively taking account of the respective descriptions and arguments set forth in Gap evidence Nos. 2, 7, and 15, and Eul evidence Nos. 2 (including paper numbers), i.e., the insurance premium directly subscribed by the plaintiff on June 25, 2010 was transferred from the above account every month from June 25, 2013, and the insurance premium was refunded to the same account on June 25, 2013. ② The plaintiff's complaint was filed by the defendant for fraud, forgery of private documents, and the above investigation document on the ground that the defendant conspiredd the withdrawal money list in the name of the plaintiff without authority and used it to withdraw the deposit from the plaintiff's account under the name of the plaintiff, and the defendant was not subject to a disposition of non-guilty on August 30, 201. ③ The plaintiff appears to have been in the name of the plaintiff 1 in the criminal case from around 209 to the comprehensive status of 1 in the name of the plaintiff 2014.

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