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(영문) 부산지방법원동부지원 2017.10.17 2016가단216948
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) An account opened with the Defendant under the name of the Plaintiff (Account Number D, hereinafter “instant account”).

From December 28, 2001, KRW 1,886,270, out of which was deposited in B’s account. Of these, KRW 8,113,730 was appropriated for the repayment of loan interest, and KRW 8,113,730 was transferred from B’s account on December 29, 2001 to the Defendant’s account under the Plaintiff’s name. Of KRW 8,113,730, KRW 6,53,000 was deposited. However, on December 28, 2001, the Plaintiff did not withdraw KRW 8,113,730, 7300, excluding KRW 8,886,270, 700, 700, 700, 7000, 706, 207, 2006, 700, 2006, 700, 2006.

However, the plaintiff is irrelevant to the principal and interest of the loan and did not consent to such repayment.

3) From the account of this case, the sum of KRW 68,474,480, as shown in [Attachment 1] as shown in [Attachment 1], was deposited in cash, but the Plaintiff did not have any such deposited money. 4) Accordingly, the Defendant is obligated to return to the Plaintiff the sum of KRW 146,913,750 [Attachment 18,439,270,000 (= KRW 68,474,480,00) equivalent to the principal of the loan (= KRW 60,886,270,53,00) 2] as unjust enrichment and to pay damages for delay to the Plaintiff. (2) The Plaintiff paid KRW 1,886,270, which was entered in the account of this case on December 28, 2001 [Attachment 2] 30,000,000 won to the Plaintiff and his family members, as described in [Attachment 2] 1 through 4, 2000,3050.

2 on August 19, 2002, F borrowed KRW 30,000,00 from the Defendant, and this was used to repay the loan interest rate of the Plaintiff and the Plaintiff’s family members, and the remainder was transferred to the account under B.

Since then, on August 28, 2002, F re-enters KRW 30,000 from the defendant.

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