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(영문) 수원지방법원 2016.05.31 2016가단501640
부당이득금
Text

1. The Defendant’s KRW 57,310,00 and the Plaintiff’s annual rate of KRW 5% from April 7, 2016 to May 31, 2016, and the following.

Reasons

1. The Plaintiff, who operated the Kuri-Sa sales business chain, transferred KRW 57,310,00 to the national bank account in the name of the Defendant, after receiving the phone from a person who was named in the name of the Defendant, that he/she would sell Kuri-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sari-Sa

2. In a case where an account transfer or account transfer was made in cash, the basic terms and conditions of deposit transaction, which would be a deposit at the time when the deposit was recorded in the ledger, are merely stipulated in the terms and conditions of deposit transaction, and in the absence of special circumstances, such as where a remitter and a bank agree to determine whether a deposit contract between an addressee and a bank exists between the addressee and the addressee, the remitter shall be construed to have established a deposit contract equivalent to the amount of account transfer between the addressee and the receiving bank, regardless of whether there exists a legal relationship between the remitter and the addressee, which is a cause of account transfer, regardless of whether there exists a cause of account transfer between the addressee and the receiving bank.

In this case, even if there is no legal relationship between a remitter and a payee as the cause of account transfer, if the payee acquires a deposit claim equivalent to the account transfer amount by account transfer, the remitter has the right to claim the return of unjust enrichment equivalent to the above amount against the payee.

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