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(영문) 서울중앙지방법원 2015.07.30 2014가단194484
부당이득금반환등
Text

1. As to the Plaintiff, Defendant C, Defendant C, Defendant D, KRW 6,000,00, and Defendant F, KRW 2,490,00 and each of the said money.

Reasons

1. On August 11, 2014, the person who was unaware of basic facts misrepresented to the prosecutor of the Busan District Prosecutors' Office, caused the Plaintiff to enter financial account information, such as a security card certification number, into the fake Prosecutors' Office website, and then transferred KRW 6,00,000 from the Plaintiff's new bank account using financial information acquired from the Plaintiff to the Defendant's Seosan Community Credit Cooperatives account, KRW 5,940,000 from Defendant C's post office account, KRW 6,00,000 from Defendant D's corporate bank account, KRW 5,70,000 from Defendant Eul's Daegu Bank account, KRW 2,490,000 from Defendant F's Agricultural Bank account, and KRW 26,130,000 from Defendant F's total account.

[Ground of Recognition] In the absence of dispute against Defendant B and E: Each entry of Gap 1 through 3 (including paper numbers), each order to submit financial transaction information to the Seosan Community Credit Cooperatives, Daegu Bank, as a result of the order to submit financial transaction information to the Daegu Bank, Defendant C, D, and F: Confession (Article 150 of the Civil Procedure Act)

2. Claim against Defendant B and E

A. The plaintiff alleged in the claim for return of unjust enrichment (main claim) 1. Since the above defendants acquired each of the above money by receiving each of the above money from their accounts without any legal ground, the above defendants are obligated to return each of the above money to the plaintiff as unjust enrichment. 2) The judgment system imposes the duty of return on the beneficiary of unjust enrichment based on the ideology of fairness and justice in cases where the profit of the beneficiary of unjust enrichment did not have any legal ground. However, if there was no substantial benefit to the beneficiary of unjust enrichment, the duty of return cannot be imposed.

(See Supreme Court Decision 2010Da37325 Decided September 8, 2011). The following circumstances, i.e., to allow the said Defendants to obtain a loan, by taking into account the following circumstances: (a) the Defendants may receive a loan, by taking into account the entire purport of the pleadings as a result of the submission of the financial transaction information to the Seosan Community Credit Cooperatives and Daegu Bank; and (b)

The act of deception of a name-free winner, which is necessary to conduct a side business, is conducted.

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