부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff asserted that, upon receiving a request for lending money from C, the Plaintiff transferred KRW 2 million around April 25, 2013 to the Defendant’s passbook designated by C, and KRW 2.7 million around the 26th day of the same month.
However, the defendant did not transfer the transferred money to C, and made unjust enrichment.
Therefore, the defendant is obligated to return it to the plaintiff.
2. The evidence submitted by the Plaintiff alone as to the fact that the Defendant did not deliver the money remitted from the Plaintiff to C is insufficient to acknowledge it, and there is no other evidence to acknowledge it.
[In accordance with the judgment on the objection case filed by C against the Plaintiff (2015da5070832), the Plaintiff received a request for a monetary loan from C, and then remitted the amount of KRW 2 million to the Defendant’s passbook around April 25, 2013, and KRW 2.7 million around April 26, 2013, and the Plaintiff thereafter lent additional money to C. The Plaintiff provided a loan to C. The Plaintiff transferred money at C at C’s request, and the Plaintiff received a loan certificate from C as “45,00,000, monthly interest rate of KRW 7%, and due date of payment on October 25, 2013.” Therefore, the Plaintiff’s assertion is without merit.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.