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(영문) 전주지방법원군산지원 2016.11.22 2016가단55368
부당이득금
Text

1. The Plaintiff:

A. Defendant A’s KRW 30,875,525 and its related KRW 5% per annum from September 6, 2016 to November 22, 2016.

Reasons

In full view of the purport of Gap evidence No. 1 and the entire arguments, the Plaintiff is recognized as having erroneously remitted KRW 51,459,209 to the Agricultural Cooperative Account (Account Number:D) of the deceased C (hereinafter “the deceased”) on June 30, 2016.

In the event that a remitter enters into a deposit account in accordance with the basic terms and conditions of deposit transactions and recorded the money transfer to the ledger, barring any special circumstance, a deposit contract equivalent to the above deposit amount is established between the remitter and the receiving bank, regardless of whether there is a legal relationship between the remitter and the receiving bank, which is the cause of the money transfer, and the payee acquires a deposit claim equivalent to the above deposit amount to the receiving bank. In this case, even though there is no legal relationship between the remitter and the receiving bank, where the payee acquires a deposit claim equivalent to the amount of the account transfer by account transfer, the remitter has the right to claim the return of unjust enrichment against the payee (Supreme Court Decision 201Da89040 Decided March 29, 2012). Accordingly, the Plaintiff has a claim for return of unjust enrichment of KRW 51,459,209, 209, the deceased’s death on March 4, 2013, the deceased’s spouse and the deceased’s deceased’s heir No. 2584, the deceased’s inheritance of the deceased’s spouse and the deceased’s heir No. 2585.

Thus, Defendant B shall pay to the Plaintiff the above KRW 20,583,684 and the next day after the following day on which the written application for the change of claim and the cause of claim was served on July 27, 2016, which was clearly recorded, from September 6, 2016, which was the date of this decision, until November 22, 2016, which was the date of this decision, 5% per annum under the Civil Act and the next day.

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