부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff and the Defendant were married to the Plaintiff and the Defendant, and the Plaintiff deposited the Plaintiff’s income from the Plaintiff’s account under the name of the Plaintiff (Account Number C, hereinafter “instant account”) and the card to the Defendant.
On the other hand, the defendant is a professional director living together with the plaintiff's revenue, and all money deposited in the defendant's and the defendant's family head's name as well as the above passbook under the plaintiff's name is the plaintiff's income.
B. However, from January 15, 2005 to November 24, 2011, the Defendant transferred KRW 75,146,500 in total to 39 times from the Plaintiff’s account under the Plaintiff’s name that the Defendant managed by the Defendant from January 15, 2005 to November 24, 201.
C. In addition, from September 7, 2006 to September 14, 2011, the Defendant transferred KRW 40,375,600 in total to 28 times from the passbook (Account Number F; hereinafter “instant account”) in the name of the Defendant to another account, D, E, etc. in the name of the Defendant.
Although the Defendant did not need to make a multiple transfer transactions by paying the living expenses through card settlement and cash withdrawal, the Defendant did the Plaintiff’s income from the Plaintiff’s account in the instant case to another account, and filed a divorce lawsuit against the Plaintiff, without disclosing the details of the money managed by the Plaintiff at all, while withdrawing the money with the money embezzled around October 201, the Defendant filed a divorce lawsuit against the Plaintiff.
E. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 115,522,100 (= KRW 75,146,500) and the delay damages therefrom, which was unjust enrichment through the above embezzlement (= KRW 40,375,60).
2. Determination
A. The Plaintiff and the Defendant completed the marriage report on October 16, 2002, and the Defendant filed a divorce lawsuit against the Plaintiff on July 17, 2012 (U.S. District Court 2012ddan8390).