부당이득금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. According to the evidence evidence No. 1, the Plaintiff’s transfer of KRW 2,70,00 on July 3, 201, KRW 700,00 on the deposit account in the name of the co-defendant of the first instance trial, KRW 7,300,00 on July 4, 201, KRW 200,000 on August 20, 201, KRW 1,500,00 on August 24, 201, KRW 200 on August 29, 201, KRW 500,00 on August 29, 201, KRW 1,000 on September 1, 201, KRW 5,000,00 on September 15, 201, KRW 00 on the aggregate of KRW 30,00 on the deposit account in the name of the co-defendant of the first instance trial.
2. As to the allegations and the above remittance amount, the plaintiff asserted that the plaintiff loaned a loan to the defendants, and the defendants asserted that the plaintiff was the money that the plaintiff donated to the defendants.
In light of the following circumstances, the Plaintiff transferred KRW 23,00,00 to the Defendant for a period of up to three months from July 3, 2011 to October 17, 201, and the amount of less than 1,00,000 to 7,300,00 won for a single remittance, ② the amount was used for a specific purpose such as drinking driving by Defendant B, a fine for illegal game operation, and a restaurant operation funds by the Defendants, and ③ the Plaintiff had the intent to repay to the Plaintiff, the Plaintiff’s lending of KRW 23,00 to the Defendants is reasonable.
Therefore, the Defendants are jointly and severally obligated to dispute as to the existence and scope of the above loans 23,00,000 won and damages for delay calculated by the rate of 5% per annum as stipulated in the Civil Act from November 14, 2013 to October 8, 2014, which is the date when the instant complaint was served on the Defendant by which the Defendants filed a claim for the performance of the above loans with the Plaintiff, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. Conclusion, the claim of this case as above.