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(영문) 대구지방법원서부지원 2017.05.11 2016가단59666
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B asked the Plaintiff to lend money on or around September 26, 2016.

B. On September 27, 2016, the Plaintiff transferred KRW 27.9 million to the Daegu Bank Account (Account Number: D) of Defendant C (Defendant B’s wife) from his own national bank account using smartphones.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The assertion and judgment

A. Although the Plaintiff’s assertion was sought to transfer KRW 27.9 million to the Daegu Bank account (Account Number:F), the money was remitted to Defendant C by mistake.

Therefore, the defendants are jointly and severally liable to return the above money to the plaintiff.

B. The Plaintiff’s assertion is without merit in light of the following: (a) there is no evidence to acknowledge that the Plaintiff remitted the above money by mistake; (b) the account number and the account number of Defendant C completely differ; and (c) the account transfer is conducted through the process of re-verification of the recipient, recipient’s account and remittance when account transfer is conducted by using

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is without merit.

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