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(영문) 인천지방법원부천지원 2015.01.30 2014가단47872
부당이득금반환
Text

1. As to the Plaintiff, Defendant B’s KRW 13,070,00 for Defendant C, Defendant C’s KRW 12,740,00 for each of the said money, and Defendant B for each of the said money on December 26, 2014.

Reasons

On November 7, 2014, the Plaintiff transferred the total of KRW 13,070,00 in the account in the name of Defendant B, and the total of KRW 12,740,000 in the account in the name of Defendant C. The fact that each of the said money remains in the account in the Defendants’ name does not conflict between the Plaintiff and the Defendant, and the Plaintiff and the Defendant C pursuant to Article 150(3) of the Civil Procedure Act are deemed to have led to the confession by Defendant C.

Furthermore, the Plaintiff claimed damages for delay from November 8, 2014 for each of the said money, but it is not sufficient to recognize the Defendants’ unjust enrichment only with the descriptions of the evidence Nos. 1 to 3 (including the number of evidence Nos. 3) as to the fact that the Defendants knew that each of the said money was unjust enrichment, and there is no other evidence to acknowledge it.

Therefore, Defendant B, as unjust enrichment return to the Plaintiff, is obligated to pay legal damages for delay calculated at the rate of 20% per annum as stipulated in the Civil Act from December 26, 2014 to December 24, 2014, and each of the above Defendants’ appeals from December 30, 2015, and from January 30, 2015 to January 30, 2015, the date following the day when the duplicate of the complaint of this case was served on the Defendants.

The plaintiff's claim against the defendants is partly accepted.

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