Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 7, 2011, the Defendant withheld 45,560 won of income tax and 4,550 won of local income tax on the Plaintiff’s “the interest income calculated at the rate of 3.27870% per annum from January 25, 2011 to April 7, 2011 (hereinafter “instant interest income”).
B. According to the statement of transactions of each bank account (Account Number B and C, hereinafter “each of the instant accounts”) in the name of the Plaintiff that the Defendant opened, the sum of KRW 204,300,861 (hereinafter “the instant withdrawal amount”) from each of the said bank accounts was deposited on 15 occasions in total as follows from June 1, 2005 to May 22, 2009.
On December 16, 2005, 12008.16: The number of accounts: B 37,475,407 won on November 18, 2005. 39,653 won on December 13, 2005. 19,958,50 won on July 18, 2006. 37,461,349,77 won on June 1, 2006. 16. 05 won on June 1, 2006. 1, 2005, 200. 7,7,7, 200. 8,57 won on August 5, 2010; 190 won on June 30, 201, 2006, 10. 16. 10, 190 won on June 30, 2005, 2005.
2. Judgment on the plaintiff's claim
A. On April 7, 2011, the Defendant received deposit money of KRW 50,325,372 (i.e., interest income of this case 325,483 x 365 days/72 x 100/370 x 27870) from the Plaintiff on April 7, 201 (i.e., the Defendant received the deposit money of this case from the Plaintiff, but did not deposit the above KRW 50,325,372 to the bank account under the Plaintiff’s name; and (ii) from the respective accounts of this case from June 1, 2005 to May 22, 2009, the Defendant illegally collected KRW 204,30,861 of the withdrawn amount of this case from the respective accounts of this case to May 22, 2009). Therefore, the Defendant was damages and unjust enrichment arising from deposit or tort, and thus, the Defendant was damages and unjust enrichment.