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(영문) 서울동부지방법원 2020.04.23 2019가단945
부당이득반환
Text

1. The Plaintiff, Defendant C, Defendant C, Defendant F, Defendant F, KRW 9,815,728, and each of them from September 10, 2018 to August 27, 2019.

Reasons

1. Facts that are common to each of the Defendants

A. On August 2018, the Plaintiff opened a credit card and received a credit card loan with the purport that “a loan may be repaid with a credit card loan from an unqualified person who assumes a false name who assumes an employee of G Co., Ltd. (hereinafter “G”) at a lower rate than now, due to the increase in credit rating.”

B. In addition, the Plaintiff transferred each corresponding amount to the Defendants’ respective accounts as indicated in the following table according to the orders of the aforementioned non-name winners.

However, the above person under whose name the victim was a member of the Financial Fraud Group who committed the so-called “Singing” crime, and then discovered this late, the plaintiff requested the payment suspension against the Defendants’ account in the name of the Defendants, but was ultimately refunded only the amount indicated in the “amount refunded” column below.

(1) On September 3, 2018, G H 26 million won, G H 26 million won, KRW 240,382 won, KRW 24,359, KRW 618, KRW C on September 4, 2018, G I 20 million, KRW 19,99, KRW 97, KRW 97, KRW 300,000, KRW 14,301, KRW 242, KRW 15 million on September 10, 2018, KRW 698, KRW 758, KRW 14,301, KRW 242 on September 10, 2018, KRW 15,50, KRW 5,184, KRW 2729, KRW 815, KRW 728, KRW 600, KRW 75285, KRW 47565,7565,47565, May 7, 2018

2. Determination as to each claim against Defendant C and F

A. Although there is no legal relationship between a remitter and a payee as the cause of account transfer, where an addressee acquires a deposit claim equivalent to the amount of account transfer by account transfer, the remitter is entitled to claim return of unjust enrichment equivalent to the above amount against the addressee (see Supreme Court Decision 2013Da207286, Oct. 15, 2014).

According to the facts of recognition under Paragraph 1, Defendant C and F do not have any legal relationship that causes account transfer between the Plaintiff and the Plaintiff.

The "amount of damage" in the table of paragraph shall be acquired by receiving a remittance of the amount equivalent to the stated amount.

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