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(영문) 인천지방법원부천지원 2016.09.01 2016가단105093
부당이득금
Text

1. Defendant B shall pay to the Plaintiff KRW 14,795,100 and the interest rate of KRW 15% per annum from June 9, 2016 to the date of full payment.

Reasons

1. Claim against the defendant B

A. On June 2, 2015, the Plaintiff was obligated to return the said amount that was unjust enrichment to the Plaintiff, as the Plaintiff’s bank account in Defendant B’s name was erroneously transferred to the number of accounting personnel on June 2, 2015.

(b) Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Claim against the defendant Credit Guarantee Fund;

A. Basic facts 1) The defendant Credit Guarantee Fund filed a lawsuit against the defendant Eul with the Seoul Central District Court 2005da152747, and on October 6, 2005, the above court rendered a judgment that "the defendant Eul shall pay to the defendant Credit Guarantee Fund the amount of KRW 80,229,860 and KRW 78,368,994 with the annual interest of KRW 17% from June 21, 1994 to the date of full payment." (2) The defendant Credit Guarantee Fund received the above judgment based on the above judgment, which is the claim amount of KRW 66,787,39, the claim amount of KRW 208,5169, and the claim amount of KRW 66,787,393, and the claim amount of KRW 86,787,393 against the defendant Han Bank Co., Ltd., Ltd., and received the above collection order from the court and the court (hereinafter "the above collection order of this case").

3) On June 1, 2015, the Plaintiff transferred KRW 14,795,100 to Defendant B by means of a transfer of KRW 14,795,100 from the national bank account (Account Number C) in the name of the Plaintiff to the bank account (Account Number D) in the name of the Defendant B (hereinafter “instant remittance amount”).

(4) As to the deposit claim against the Defendant Han Bank Co., Ltd., Defendant B, the provisional attachment execution of the third party’s claim was made in addition to the enforcement of the Defendant Credit Guarantee Fund based on the instant collection order.

B. The amount of remittance of the Plaintiff’s assertion 1 is money owned by the Plaintiff, which the Plaintiff remitted by mistake of the number of accounting personnel, and Defendant Credit Guarantee Fund collected the instant collection order.

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