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(영문) 청주지방법원충주지원 2016.06.01 2015가단7247

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Plaintiff’s assertion and the Defendant are between the head of the Gu and the Defendant, and the construction site was made between around 2003 and January 2015 by performing works related to steel bars.

The defendant was paid wages at the construction site as the head of the steel bars and gave the plaintiff the wages.

However, the Defendant arbitrarily opened the national bank account under the name of the Plaintiff, and then withdrawn all wages of KRW 73,311,280 from January 2013 to January 2015, the Plaintiff received 73,31,280 from the construction site to the first police officer.

Therefore, the Plaintiff seek against the Defendant the above 73,311,280 won and damages for delay.

B. The Defendant’s assertion that C, his wife, opened and managed the national bank account in the name of the Plaintiff, and he did not take part in it, and thus, he cannot respond to the Plaintiff’s claim.

2. The elements of evidence Nos. 1 and 2 submitted by the Plaintiff alone are insufficient to recognize that the Defendant voluntarily opened a bank account in the name of the Plaintiff and received wages, and then voluntarily withdrawn them, and there is no other evidence to prove otherwise.

Rather, according to the witness C’s testimony, it is recognized that C, his/her father and wife, opened and managed the national bank account under the name of the Plaintiff.

Therefore, the prior plaintiff's assertion on a different premise is without merit to examine the remaining issues.

3. The plaintiff's claim of this case is dismissed as it is without merit.