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(영문) 서울동부지방법원 2019.11.21 2018가합104922
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, while taking charge of accounting and fund management as the team leader of the Plaintiff’s official business from around 2011 to 2015, transferred the Plaintiff’s funds deposited in the Plaintiff’s name account and the Plaintiff’s representative director’s account in the name of the Defendant to the Defendant’s name without any legal ground. The Defendant’s deduction of the Plaintiff’s loans from the Plaintiff to the Plaintiff in the manner of transferring the Plaintiff’s name account and the Plaintiff’s representative director’s name to the account in the name of the Plaintiff’s name would amount to KRW 29,625,00 in total

The facts that the Defendant was in charge of accounting and fund management as the team leader of the Plaintiff’s official business division from around 2011 to around 2015 do not conflict between the parties, and according to each of the evidence of subparagraphs 1 through 6, and the evidence of subparagraphs 11 through 16 (including a serial number; hereinafter the same shall apply) in the Plaintiff’s name and the Plaintiff’s representative director’s account and the Defendant’s name, there was a frequent financial transaction between the Plaintiff’s name and the Plaintiff’s name (including a serial number; hereinafter the same shall apply) and the Defendant’s name, and frequently deposited or paid the Plaintiff’s income in the Defendant’s name as shown in attached Table 5, and on September 18, 2014 and September 8, 2017, it can be acknowledged the fact that the Plaintiff sent to the Defendant content-certified mail.

According to the above facts, the sum of money transferred from the D Bank account under the Plaintiff’s name to the Defendant’s name exceeds 25,253,30 won (attached Form 1), and the sum of money transferred from the Plaintiff’s name E Bank account to the Defendant’s name exceeds 2,070,070 won (attached Form 2), and the sum of money transferred from the D Bank account under the Plaintiff’s name to the Defendant’s name is more than the sum of money transferred from the Defendant’s name to the E Bank account under the Plaintiff’s name (attached Form 2), and the sum of money transferred from C’s name to the Defendant’s name account.

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