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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
Reasons
1. Basic facts
A. On November 2012, the Defendant listened to the statement that he would arrange to get a loan on the face of sending the deposit passbook account number, cash card, etc. from a person who has no personal name, and on November 14, 2012, the Defendant opened the Nonghyup Bank account in the name of the Defendant (hereinafter “instant Defendant account”) and sent cash cards and account information to a person who has no personal name.
B. On November 15, 2012, the Plaintiff entered the account number, security card number, password, etc. by accessing the Internet site to the Internet site and then transferred from the new bank account in the name of the Plaintiff to the Defendant account of this case, the Plaintiff transferred KRW 6 million from the new bank account in the name of the Plaintiff to the Defendant account of this case, under the so-called “S-called “S-called “S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-
[Grounds for Recognition] The non-contentious facts, entry of Gap evidence 1, response to the submission of financial transaction information to the head office of the NAF of the first instance court, the purport of the whole pleadings
2. Determination on the claim for restitution of unjust enrichment
A. The plaintiff's assertion is without any legal ground that the defendant received KRW 6 million from the plaintiff, and thus is obligated to return it to the plaintiff's unjust enrichment.
Since the defendant provides his bank account to a person in bad faith and facilitates the criminal act of a person in bad faith, he shall refund the above 6 million won and interest for arrears from the date of transfer.
B. The determination system imposes an obligation to return unjust enrichment on the benefiting party based on the ideology of fairness and justice in cases where the benefiting of the benefiting party did not have any legal cause. However, if the benefiting party does not have any substantial benefit, the return obligation may be imposed.