부당이득반환
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.
The gist of the cause of the claim was that the Plaintiff remitted the Defendant’s account for the Defendant’s Mansan Agricultural Cooperative to KRW 6,000,000 on January 2, 2015, and KRW 11,000,000 on the same day (hereinafter “the instant money”). Since the Plaintiff remitted the instant money to the Defendant without any transactional relationship, the Defendant is obligated to return the said money to the Plaintiff as unjust enrichment.
The burden of proving that the plaintiff remitted the money of this case to the plaintiff without any transactional relation and the defendant received the money of this case without any legal cause is the plaintiff who asserts this.
In full view of the purport of the argument in Gap evidence No. 1, the fact that the plaintiff remitted the total amount of KRW 11,00,000 on January 2, 2015 to the defendant's Gyeyang Livestock Agricultural Cooperative Account (Account Number C, hereinafter "the Account in this case") and KRW 11,00,000 on the same day, and the fact that there is no particular personal relation or transaction relation between the plaintiff and the defendant is recognized.
However, in full view of the following circumstances, the Plaintiff appears to have remitted the instant money to acquire an enterprise from the F, which actually used the instant account as the Defendant’s husband, together with the Defendant’s husband, with the Defendant’s testimony at the first instance court witness D, by taking account of the descriptions of the evidence Nos. 1, 2, 3, 7, and 9 (including each number), and the overall purport of the pleading. Thus, it is insufficient to acknowledge that the Defendant was unjustly unjust enrichment without any legal ground, and there is no other evidence to acknowledge that the Plaintiff’s claim of this case is without merit.
As to the reasons why the Plaintiff transferred the instant money to the Defendant, the Plaintiff sought to transfer the instant money to the Plaintiff-friendly job offering E with the business fund, and the Plaintiff made a wrong remittance with the Defendant’s account number which was erroneously stored in the Plaintiff’s mobile phone, the Plaintiff’s mobile phone account number is stored.