부당이득금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is the wife of the network D (hereinafter “the network”) that was the president of the F Cooperatives, and the Defendants are married.
B. On May 9, 2014, the Deceased promised to pay the borrowed amount of KRW 200 million (hereinafter “the borrowed amount”) to Defendant B by December 31, 2014 (hereinafter “the borrowed amount”). The Deceased prepared a loan certificate stating that “the borrowed amount of KRW 200 million (hereinafter “the borrowed amount”).” and delivered it to Defendant B.
C. After the deceased died on July 29, 2016, the Plaintiff and G among the co-inheritors of the deceased and the Defendants on August 31, 2016 agreed that the Plaintiff and G transferred “the deceased’s share on the ginseng, which was planted on the ground outside H of the Jeonnam-gun, Jeonnam-gun, and the right to 1480 vehicles” to Defendant B and at the same time, the Plaintiff and G agreed that KRW 200 million were fully repaid, and that they did not raise any objection against all obligations related to the deceased.
(hereinafter “instant agreement”). D.
However, after the instant agreement, it was revealed that the Deceased paid KRW 40 million to Defendant C on December 10, 2015, which was the birth of the decedent.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 5 (including each number; hereinafter the same shall apply), the result of the order to submit financial transaction information to the F Association of the first instance court, the purport of the entire pleadings
2. The parties' assertion
A. The money borrowed by the Plaintiff from the Defendants was only KRW 20 million, and the Deceased paid KRW 40 million to Defendant C on December 10, 2015. As such, the remaining debt to the Defendants is only KRW 160 million.
The Defendants, at the time of the instant agreement, failed to notify the Plaintiff of the fact that KRW 40 million was already paid out of the borrowed money of this case, thereby deceiving the Plaintiff, thereby making the Plaintiff believe that the remaining debt of the deceased was KRW 200 million.