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(영문) 부산지방법원 2016.11.30 2016나3413

부당이득금 반환

Text

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.

Reasons

1. The parties' assertion

A. The Defendant asserted that the Plaintiff did not think that he would marry with the Plaintiff, but said, that the Plaintiff referred to the Plaintiff as “I would not want to have his human life together with others,” and that “I would not want to have the Plaintiff bear any burden,” thereby deceiving the Plaintiff, thereby deceiving the Plaintiff and deceiving the Plaintiff of KRW 32,840,90 from the Plaintiff. Therefore, the Defendant is obligated to refund the said money and the damages for delay.

B. The defendant's assertion is merely a donation of the above money from the plaintiff who was enrolled in the defendant, and there is no obligation to return the above money to the plaintiff.

2. The fact that the Plaintiff donated total of KRW 32,840,90 to the Defendant from August 18, 2014 to October 10 of the same year is no dispute between the parties.

However, in light of the fact that the Plaintiff became aware of the Defendant, who was employed as an assistant nurse during the hospitalization at a hospital, and that the Plaintiff was the Plaintiff and the Defendant did not seem to have made a false statement about his or her accommodation in receiving money from the Plaintiff, the evidence alone submitted by the Plaintiff was insufficient to deem that the Defendant deceptioned the Plaintiff under the circumstance of marriage.

It is not sufficient to recognize that the plaintiff acquired money by fraud, and there is no other evidence to recognize it.

3. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion.

Therefore, the plaintiff's appeal is without merit, and it is dismissed. It is so decided as per Disposition.