부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On June 30, 201, the Plaintiff asserted that the Plaintiff wired KRW 50,000,000 to the Agricultural Cooperatives passbook under the name of the Defendant.
Since the Defendant returned KRW 40,000,000 on December 14, 2012, and did not return the remainder of KRW 40,000,000,000, the Defendant is obligated to pay the Plaintiff unjust enrichment of KRW 40,000,00 and delay damages.
B. The defendant's assertion only lent the passbook to his father C, and there is no relation to this case.
In monetary transactions between the plaintiff and C, it seems that there was a remittance between the plaintiff and C.
2. Determination
A. Article 741 of the Civil Act provides, “A person who gains a benefit from another’s property or labor without any legal cause and thereby causes a loss to the other person shall return such benefit.”
The burden of proving that there is no legal ground in the case of the so-called unjust enrichment that one party claims the return of the benefits after having paid a certain amount of benefits according to his/her own will on the grounds that there is no legal ground.
In such cases, a person who seeks the return of unjust enrichment shall, along with the existence of the fact causing the act of payment, prove that the cause has ceased to exist due to the extinguishment of the said cause due to invalidation, cancellation, cancellation, etc., and that in the same case as the so-called mistake remittance made on the ground that there was no ground for the act of payment from the beginning, the person must prove and prove that the person
(See Supreme Court Decision 2017Da37324 Decided January 24, 2018). B.
It is insufficient to view that the Plaintiff made an erroneous remittance of KRW 40,000,000 as unjust enrichment without any legal ground, solely with the statement of evidence No. 1, the Plaintiff’s assertion is without merit. The Plaintiff’s assertion is without merit.
3. Thus, the plaintiff's claim is dismissed as it is without merit.