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(영문) 광주지방법원 2014.11.11 2014가단17942
부당이득금 등
Text

1. The Plaintiff, Defendant B’s KRW 7,164,072 as well as the annual rate of KRW 5% from May 17, 2014 to November 11, 2014.

Reasons

1. Claim against the defendant B

A. On March 21, 2014, Defendant B confirmed the text message from the “G” number with the content that he/she would provide a honorarium if he/she lends the passbook, and sent the message to the above number. (2) Defendant B heard that he/she would pay a honorarium of KRW 700,000 if he/she lends the passbook in the above name of the Defendant to the person who is the above number H, and issued a post office passbook (Account Number: I) and a new bank passbook (Account Number: J) in the name of the sender sent by H around March 24, 2014.

3) On March 25, 2014, the Plaintiff opened an account under the name of the Cyber Team investigator of the Seoul Western Police Station, “B,” and transferred KRW 42,62,212 to the said account to the said account. On the same day, the Plaintiff transferred KRW 5,970,061 from the said account to the Defendant’s post office account, and KRW 5,970,060 from the said account to the new bank account, excluding KRW 5,970,061 among KRW 5,970,061 (the final balance was KRW 5,661 or KRW 1,000 already deposited in the said account) at the Defendant’s post office account, excluding the remainder of KRW 4,661 (the final balance was KRW 5,61 or KRW 1,000 already deposited in the said account).

[Recognition] Facts without dispute, Gap's statements in Gap's evidence Nos. 1 to 3, post offices in this court's opticalization, fact-finding results on new banks, the purport of the whole argument, and the purport of the whole argument

B. The plaintiff's assertion that part of the above money was transferred to the defendant B's account after depositing the money owned by the plaintiff's claim in the Korean Agency account. In this regard, the defendant B acquired the deposit claim equivalent to the amount of the money in the first time the money was transferred to the said account as unjust enrichment, and at the same time, issued the passbook to the person who has failed to name.

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