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(영문) 춘천지방법원원주지원 2015.05.28 2015가단30007
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 19, 2014, the Plaintiff asserted that the Plaintiff transferred KRW 26,00,000 to the Defendant’s foreign exchange bank account from the Plaintiff’s bank account at the potential point of Han Bank.

However, the above transfer of KRW 26,00,000 to the Defendant’s account by mistake that the Plaintiff intended to transfer to the Defendant’s account, which is his/her ancillary, and there is no legal reason for the Plaintiff to transfer KRW 26,00,000 to the Defendant.

Therefore, the defendant has a duty to return KRW 26,000,000 to the plaintiff as unjust enrichment since the plaintiff transferred 26,000 to the plaintiff by mistake without legal authority.

2. Determination

A. According to the statement in Gap evidence No. 1, the fact that the plaintiff transferred KRW 26,00,000 from the plaintiff's Han Bank account on August 19, 2014 to the defendant's foreign Exchange Bank account (Account Number D) over five times (6,00,000 KRW 4,200,000).

However, even if the statements in Gap evidence Nos. 1 and 3 are all integrated, it is insufficient to acknowledge that the plaintiff transferred KRW 26,000,000 to the defendant's foreign exchange bank account due to mistake, and there is no other evidence to prove otherwise.

B. Rather, comprehensively taking account of the following circumstances, each of the statements in Gap evidence Nos. 1 through 3, and Eul evidence Nos. 1 through 4, the purport of the entire pleadings was comprehensively taken into account ( regardless of what is the reason for remittance, the plaintiff transferred KRW 26,00,00 to the defendant to pay KRW 26,000.

① The Plaintiff asserted that it was not the Defendant’s account but the Plaintiff’s ancillary C’s account. However, it is difficult to accept the Plaintiff’s assertion that the Plaintiff’s account as a new bank E differs from the Defendant’s foreign exchange bank account, and the Defendant’s account number (Account Number D) completely changed, thereby causing mistake.

② The Plaintiff transferred money to the Defendant’s foreign exchange bank account over five occasions at the locked branch of Han Bank using an automatic cash payment machine.

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