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(영문) 수원지방법원안산지원 2015.10.16 2014가단106625

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The fact that the Plaintiff remitted each of the amounts of KRW 5 million to the account in the name of the Defendant, KRW 10 million on September 2, 201, KRW 19,000,000 on September 19, 201, and KRW 12 million on October 5, 201 may not be disputed between the parties, or may be recognized by the statements in the Evidence A Nos. 1 and 2.

The plaintiff received a request for remittance from the defendant's father C, and remitted the above total amount of KRW 27 million to the account under the name of the defendant. The defendant unjust enrichment.

Therefore, the plaintiff is obligated to return this.

In light of the following circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings in the evidence Nos. 1 and 2, the account in the above Defendant’s name was opened at the age of 11; the Plaintiff appears to have been using C at the time of remitting KRW 27 million; the Plaintiff was fully withdrawn within one month after the remittance; and there was no evidence to prove that the Defendant withdrawn the said money; the evidence submitted by the Plaintiff alone cannot be deemed to have practically reverted to the Defendant with the above benefit of KRW 27 million.

(See Supreme Court Decision 2010Da37325, 37332 Decided September 8, 201, etc.). Therefore, the Plaintiff’s above assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.