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(영문) 전주지방법원 2012.02.08 2011가단28115
부당이득금반환 등
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 3,500,000, and Defendant E, KRW 3,190,000, and KRW 3,190,00.

Reasons

1. A summary of the claim: (a) on July 11, 2011, the Plaintiff transferred KRW 16 million to the Agricultural Cooperative Account under the name of Nonparty F, the sum of KRW 3.2 million to the Agricultural Cooperative Account under the name of Nonparty H (I) and KRW 9.2 million to the Agricultural Cooperative Account under the name of Nonparty J (K).

After all, from the above H’s account to Defendant B’s account, KRW 10,00,00, from the above F’s account to the account under Defendant C’s name, KRW 5,000,000 to the account under Defendant C’s name, and KRW 3,50,000 to the account under Defendant D’s name, respectively.

Therefore, the above defendants are obligated to pay the plaintiff the amount of money stated in the plaintiff's claim to the plaintiff with unjust enrichment or damages, since they did not have any legal ground to cause damages equivalent to the above amount of money, or there was damages equivalent to the above amount of money transferred to the plaintiff by public offering or aiding and abetting the fraudulent act of a person without name.

2. Grounds for recognition;

(a) Defendant B, C, and E: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act);

(b) Defendant D: Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

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