대여금
1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. On July 15, 201, the Plaintiff primarily claimed that the Plaintiff lent KRW 25,000,000 to the Defendant on July 15, 201 upon C’s request, but only KRW 5,000,000 was paid by the Defendant, and that the Plaintiff claimed against the Defendant the remainder of the loan loan amounting to KRW 20,000,000 and damages for delay.
According to the evidence No. 1 of this case, although the transfer of the money from one bank account under the name of the plaintiff to the Agricultural Cooperative account under the name of the defendant on July 15, 2011, the total amount of KRW 10,000,000 on the same day, KRW 25,000,000 on the same day, and KRW 5,000,000 on the same day (hereinafter "the money of this case") is recognized, where the money of this case is transferred to the health account or another person's deposit account with respect to whether it is a loan under a monetary loan contract between the plaintiff and the defendant, the transfer can be made based on various legal causes. Thus, the fact that the money transferred by the plaintiff to the defendant under a monetary loan contract is a loan under a monetary loan contract has to be proved by the plaintiff (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 197; 200Du15, Jan. 1, 1997).
2. On July 15, 201, the Plaintiff, at C’s request, remitted KRW 25,000,000 to the Defendant on July 15, 201, and the Defendant did not know the Plaintiff while obtaining unjust enrichment of the amount equivalent to the said money by arbitrarily using it, such as without returning KRW 20,000,000, out of the money remitted from the Plaintiff. As such, the Plaintiff received unjust enrichment from the Defendant as a return of unjust enrichment.