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(영문) 창원지방법원마산지원 2015.06.24 2014가단14880

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff was a manufacturer of machinery parts, and that the Defendant would arrange and act as a customer, and that the Defendant would lend KRW 40 million to the Defendant at his/her own expense, and that he/she would transfer the amount of KRW 40 million to the Defendant. However, the Defendant did not act as a broker for a customer.

B. The fact that the plaintiff remitted 40 million won to the defendant's account is not disputed or is recognized by the statement of Gap evidence No. 1, but the evidence submitted by the plaintiff alone is insufficient to recognize that the above money was a loan to the defendant, and there is no other evidence to prove otherwise.

In addition, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant had taken the above 40 million won by deceiving the plaintiff, and there is no other evidence to recognize it.

2. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.