logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.21 2016가단138761
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. In fact, China's general interest rate (president) requested the Plaintiff to pay the goods price to the Defendants' account. Accordingly, the Plaintiff deposited KRW 18 million with the Defendant's account on January 27, 2010, and KRW 12 million with the Defendant C's account on January 27, 2010 in order to pay the goods price, the fact that the Plaintiff deposited KRW 12 million with the Defendant C's account is either not in dispute between the parties or can be recognized by the statements in the evidence 1 and 2.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion (1) China’s D Limited Company and F Company are subsidiaries of Korea D Limited Company, its head office.

(2) The G Textiles Co., Ltd. operated by the Plaintiff purchased double-end machines from China D Limited Liability Company, and upon the request of China D Limited Liability Company, the Plaintiff paid the F Co., Ltd. the total amount of KRW 120,000 on December 25, 2009 and January 8, 2010.

(3) However, without confirming the fact that the Plaintiff paid the money as referred to in paragraph (2) above, China requested the Plaintiff to pay the amount of KRW 30 million to the Defendants’ account, which is the employees of Korea D limited liability company. The Plaintiff’s employees, who are not aware of such circumstances, remitted the sum of KRW 30 million to the Defendants’ account.

(4) As such, the Plaintiff paid the price of goods in duplicate due to mistake, and the Defendants received money without any legal ground, and thus, are obligated to return unjust enrichment to the Plaintiff.

B. According to the above facts of recognition, the Plaintiff deposited the total amount of KRW 30 million into the Defendants’ account, which is the account designated by the general interest rate E of the D Limited Company (President) in China, a creditor, for the payment of goods.

As such, if a creditor requested a debtor to deposit money into a bank account opened in the name of a third party with the repayment method of a monetary obligation. If the debtor deposits money to a designated account, the debtor deposits money to the bank account opened in the name of the creditor.

arrow