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(영문) 대전지방법원홍성지원 2014.09.02 2012가단11822
부당이득금
Text

1. The Plaintiff:

A. As to Defendant C, F, and G, each amount of KRW 6,00,000 for Defendant C, F, and G, and each amount of KRW 4,660,00 for Defendant H, and each of the said amounts, May 14, 2012.

Reasons

1. Determination as to Defendant C, F, G, and H

(a)as shown in the reasons for the attachment of the claim;

(b) Defendant C, G, or H of the applicable provisions of Acts: Article 208(3)2 of the Civil Procedure Act (in the case of confession due to the absence of the Defendant), Defendant F: Article 208(3)3 of the Civil Procedure Act (a judgment by service by public notice);

2. Determination as to Defendant B, D, and E

A. On May 14, 2012, the Plaintiff: (a) transferred the sales price of shares deposited in the account in the name of the Plaintiff to the Agricultural Cooperative account in the name of the Plaintiff on May 14, 2012; (b) transferred KRW 6,00,000,000, respectively, to the Agricultural Cooperative Account in the name of Defendant B (I); (c) transferred the sales price of shares deposited in the account in the name of the Plaintiff on May 14, 2012, to the Agricultural Cooperative Account in the name of Defendant D (J); and (d) the said money was most withdrawn on the same day; and thereafter, Defendant B’s account was suspended from payment due to an accident report.

3) On the other hand, on May 2012, Defendant E, for the purpose of obtaining a loan, issued the passbook and cash card in his name to the person in default of his name. [The fact that there is no dispute over the grounds for recognition, No. 1, No. 2, No. 2, No. 4, 5, and No. 1, No. 1, No. 2-1, No. 2-2, No. 5, and No. A

B. The Defendants asserted that they received money from the Plaintiff without any cause, and thus return this money to the Plaintiff by unjust enrichment, or claim damages for joint tort by facilitating the fraudulent act of the persons who have failed to obtain the name, thereby seeking selective compensation for the amount of money transferred to the Plaintiff.

C. As to the claim for return of unjust enrichment against Defendant B and D, most of the money transferred from the Plaintiff’s account to Defendant B and D was withdrawn.

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