부당이득반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Upon receipt of a proposal from E to pay interest of 10% per annum, the Plaintiff lent money to E as indicated in the following Table 1:
Temporary order 1 The sum of KRW 4,500,000 on August 23, 2012, 2012, KRW 30,000 on August 50, 2012, KRW 30,000 on August 8, 2012, KRW 4,500,000 on November 20, 2012, KRW 50,000 on October 20, 2013, KRW 60,393,000 on February 35, 2014, KRW 7,000 on March 26, 2014, KRW 200,00 on KRW 30,00 on August 1, 2014, KRW 200, KRW 309,000 on the aggregate of KRW 50,00 on October 20, 200;
B. However, E was indicted on March 24, 2016 for the charge of deceiving the Plaintiff without any intent or ability to repay and deceiving the Plaintiff KRW 229,893,00, and was sentenced to a judgment of conviction (Seoul Southern District Court 2015Da4496, 2016Kadan503 (Merger)). The said judgment became final and conclusive on May 18, 2016.
C. Defendant D is the E’s intermediary, and Defendant C and B are his ancillary, and Defendant C and B remitted the money obtained by the Plaintiff from the Plaintiff to the Plaintiff’s agricultural bank account and the Han Bank account. The Defendants remitted money to E. The Defendants also remitted money from January 3, 2011 to March 26, 2015 are as follows: < Amended by Presidential Decree No. 23270, Mar. 26, 2015>
39,000,000 won 218,00,000,000 won 2220,000,000,000 won 223,60,000,000 won 36,400,000, 36,600,000 Won Daa Bank 539,00,000,000 won 228,50,500,000 won 310,50,000,000 won 365,00,000,000 won 365,00,00,000,000 won 66,00,00,000,000 won 11,50,000,50,0000 won 8,50,0000 won Baa Bank 28,60,005,000 won Baa Bank.
D. E was sentenced to the Seoul Central District Court Decision 2015Hadan2879, May 18, 2015, and the discontinuation of bankruptcy on April 1, 2016, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, 6 through 11, 15, Eul evidence No. 2 (including provisional number), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's damage claim of KRW 229,893,00 is below the damage claim of KRW 229,893,00 due to the plaintiff's fraud.