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(영문) 수원지방법원성남지원 2017.09.01 2016가단223103
부당이득금
Text

1. The Defendant’s KRW 25,177,648 for the Plaintiff and KRW 5% per annum from June 1, 2014 to September 1, 2017.

Reasons

On November 14, 2006, the Plaintiff asserted that the Plaintiff left Korea on November 14, 2006 and entrusted the management of a passbook (Account Number C) and a passbook (Account Number: hereinafter “New Bank”) in the name of the Plaintiff, and a new bank (hereinafter “New Bank”) in the name of the Plaintiff, and the management of the amount remitted by the Plaintiff to the Defendant, who is a mother, in Japan.

From November 14, 2006 to March 19, 2008, the Plaintiff transferred KRW 17,690,000 to the Plaintiff’s new bank account managed by the Defendant, from June 5, 2008 to June 4, 2009, KRW 29,887,640 to the Defendant’s new bank account (Account Number: E), and KRW 107,851,315 to July 209 to January 20, 2014, respectively.

From November 14, 2006, the Defendant managed the amount remitted to the Plaintiff’s passbook and the Plaintiff, and processed the money deposited and withdrawn at the Plaintiff’s request. During that process, the Defendant arbitrarily deposited or remitted the amount used from November 14, 2006 to March 19, 2008 (12,391,693 won used from November 19, 2006 to January 20, 2014) from June 5, 2008 to January 20, 2014.

In addition, the plaintiff extended KRW 5,00,000 to the defendant, and has not been paid up until now.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of unjust enrichment and the amount borrowed plus the amount borrowed (=25,777,648 won) and delay damages (=5,00,000 won).

The period when the Plaintiff entrusted the management of passbooks in the name of the Plaintiff and the remittance amount of the Plaintiff to the Defendant is not November 14, 2006, but May 2, 2008. At the request of the Plaintiff, the Plaintiff paid the fraternity payment in the amount remitted by the Plaintiff at the request of the Plaintiff, and paid the premiums subscribed in the name of the Plaintiff G.

On May 7, 2014, the plaintiff settled the details of the transfer of the plaintiff's passbook and the plaintiff's remittance to the defendant who returned permanently in Japan and entrusted the management to the defendant.

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