부당이득금
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.
1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence of 1 to 6, Eul evidence of 2 and 3 (including branch numbers, if any) of the basic facts.
On December 16, 2004, the network C (hereinafter referred to as “the network”) remitted the total of KRW 13 million to a single bank account opened in the name of the Defendant, around 16:33, and on December 31, 2004, KRW 26 million around 15:26, and December 31, 2004.
B. Around May 18, 2007, D filed a criminal complaint with the content that "F, the president of the E Association Housing Association, shall grant the complainant a premium of KRW 10 million per case if F, at the end of the last half of the year 2005, borrowed money to the complainant, and shall not be paid the above amount, and shall lend a gold of KRW 26 million to F, the Defendant Party F, who is the head of the E Association Housing Association."
C. The Deceased died on December 5, 2008, and the Plaintiff, the inheritor of the Deceased, filed a report of inheritance inheritance around September 25, 2009 and was tried to accept the report around October 8, 2009. The Plaintiff entered the following matters in the list of inherited property in the list of inherited property:
I : The loan amount of D: 51,035,616 won in total: the time of borrowing: around the first order of December 15, 2004: a letter of loan (10,000,000 won) and a written notice of reasons for non-prosecution (26,00,000 won) (26,00 won) and a notice of reasons for non-prosecution (26,00,000 won) Suwon District Court 2008Gadan5636 decided on October 28, 2008 (the filing of a lawsuit on October 28, 2008) and Suwon District Court 2007Kadan15387, Suwon District Court 2007Kadan10628 claims (15,035,616 won).
D. On June 2010, the Plaintiff asserted that D lent KRW 26 million to D through the above remittance, and responded to D’s claim for payment of the above money (Seoul East Eastern District Court 2010Da33508), and D’s answer to the purport that “I son borrowed money or pay money to D’s interest with the deceased,” and that “I son did not have any reason to believe that I son borrowed money or pay the money to D’s interest.” The Plaintiff’s answer around October 2010.