부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 2005, the Plaintiff’s assertion: (a) borrowed KRW 500 million from Defendant B through Defendant C; (b) around May 20, 2005, the Plaintiff deposited KRW 540 million with the head of Tong, and repaid the borrowed amount to Defendant B; (c) Defendant B denied the payment of the borrowed amount as above and agreed against the Plaintiff as the Suwon District Court 2007Da104528, Suwon District Court 2007Da104528; and (d) the Plaintiff agreed to transfer the ownership of KRW 925,00,000,000,000,000,000 won, which was owned by the Plaintiff, to acquire ownership by filing a lawsuit and obtaining a favorable judgment.
Therefore, without any legal ground, the Defendants are obligated to return KRW 540 million from the Plaintiff as unjust enrichment. The Plaintiff, as a part of its claim, seek payment of KRW 20 million and damages for delay.
2. In light of the fact that Defendant B did not lend money to the Plaintiff in the instant lawsuit, and the Plaintiff paid KRW 570 million to the head of the Tong in the Defendant C, the Defendants cannot be deemed to have earned profit equivalent to the above money without any legal cause.
(1) If the Plaintiff’s claim is reasonable, ① the reason why the Plaintiff deposited money to Defendant C was intended to repay the borrowed money to Defendant C, but Defendant C embezzled it for any other purpose, or ② Defendant C actually paid the borrowed money to Defendant B, even though Defendant B was paid the borrowed money, it should be proved that the ownership of the Plaintiff’s real estate was transferred to the Plaintiff as a result of the payment in substitutes, and there is no evidence to acknowledge it). The Plaintiff’s claim on March 3, 200 is dismissed.