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(영문) 대전지방법원 2015.04.02 2014가단30336
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The plaintiff asserts that, although the plaintiff primarily did not have a reason to remit money to the defendants, the above person under whose name the plaintiff was paid 18,00,000 won from the plaintiff's account to the defendant Eul's account, and 8,20,000,000 won from the defendant Eul's account to the defendant Eul's account, and 3,80,000,000 won should be returned to the defendant C's account. The defendants, in the conjunctive, opened an account with knowledge that their accounts can be used for the crime, so the defendants should compensate for the above money as compensation for the tort.

However, according to the Plaintiff’s evidence Nos. 1 and 2, the fact that money transfer from the Plaintiff’s account to the Defendants’ account is recognized, but this is merely based on this, and the Defendants asserted to the effect that they were only their lending fraud and did not manage the said account, the Defendants benefited the above money.

It is insufficient to recognize that the Defendants participated in the crime of poor persons in the name by opening or transferring the above account with knowledge that they will be used in the crime.

The plaintiff's assertion is without merit.

Thus, the plaintiff's claim against the defendants is dismissed as it is without merit.

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