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(영문) 인천지방법원부천지원 2016.05.11 2014가단37998
부당이득금반환
Text

1. All of the plaintiff's main claims are dismissed.

2. The Plaintiff, Defendant B, and Defendant C, E, and F respectively, 3,000.

Reasons

1. Basic facts

A. On August 20, 2014, the Plaintiff received a phone call from a person whose name is unknown (hereinafter “person without a name”) to the effect that the passbook issued in the name of the Plaintiff was delayed from a product fraud.

In order to find out revenue stamps derived from crimes, a person who is not eligible for name shall be entitled to receive personal information from the Plaintiff. The Plaintiff shall be entitled to receive personal information from the Plaintiff’s bank account in order to find out revenue stamps.

B. On the same day, the person under whose name the account was made transfers the total of KRW 12,001,000 (12,000,000 in total, but the total of KRW 12,000 in total, the remittance commission was added to KRW 12,000), the post office deposit account in the name of the defendant C (I), the post office deposit account in the name of the defendant C, the post office deposit account in the name of the defendant E (K), the Chungcheong Saemaul Fund Depository (L), the Do Saemaul Fund Depository (M) deposit account in the name of the defendant F, and the 6,000,500 won in total to the savings account in the name of the defendant F (12,00,000 won in total). However, while the remittance commission was added to KRW 500,000 in total, the actual transfer was made and the actual transfer was made in 6,500,000 in each amount).

C. On August 20, 2014, around 16:52, the Plaintiff reported the above fact of damage to the small police station. D.

Of the money transferred by the Plaintiff to the above Defendant’s bank deposit account, the money in Defendant E’s post office deposit account was not deposited. Of the money transferred to Defendant F’s deposit account, KRW 3,000,000, out of the money transferred to Defendant F’s deposit account, the money was remitted to another deposit account in the name of the above Defendant, and the remaining KRW 3,00,000 was withdrawn.

In addition, the money that the Plaintiff remitted to the bank account of each of the Defendants was released on the day.

The money that was remitted to the post office deposit account in Defendant E’s name and was not withdrawn was returned to the Plaintiff through the Financial Supervisory Service.

E. Defendant D shall make a post office deposit passbook and a physical check card under the name of the above Defendant to the person who was named.

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