부당이득금반환
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basic facts can be found as follows: Gap evidence Nos. 1, 3, 5 through 26, 37 through 40, 51, 52, 55 through 58, 69, 70, 75 through 78, 83 and 84, by integrating the whole purport of the pleadings.
The plaintiff is the representative director of D (hereinafter referred to as D) and the defendant B is the plaintiff's fifth degree of 5th degree of her work as the employee in charge of D's accounting from September 11, 1998 to October 6, 2014, and the defendant C is the husband of the defendant B.
B. The sum of KRW 128,520,100 was remitted from the account in the Plaintiff’s name to the account in the name of Defendant B, etc., as shown in the attached Table No. 1, and the sum of KRW 6,700,000 was remitted to the account in the name of Defendant C, etc., as shown in
2. The plaintiff's assertion that the defendant Eul received money from the plaintiff's account under the name of the plaintiff as well as the D's account while working as an employee in charge of the accounts, and the defendant Eul received money from the plaintiff's account under the name of the defendant Eul in the name of the defendant Eul, etc., and the defendant Eul received money from the defendant Eul, etc. to the defendant Eul's account as shown in the attached Table No. 1, 33,830,100 (the plaintiff's calculation error is 136,533,100 won) and the defendant Eul obtained unjust enrichment of the sum of 6,700,000 won. Thus, the defendant Eul is obligated to pay the plaintiff the amount of 13,830,100 won and delay damages, and the defendant C is obligated to pay the amount of 6,770,000 won and delay damages.
3. In a lawsuit claiming the return of unjust enrichment, the burden of proving the fact that the general establishment requirement of unjust enrichment was made without any legal cause shall be borne by the claimant.
(see, e.g., Supreme Court Decision 2007Da72786, May 29, 2008). Under the basic facts, Defendant B and Defendant C received each of the amounts of KRW 128,520,100, and KRW 6.7 million from the Plaintiff’s account in the name of the Defendants, etc., as stated in the Schedule (1) and (2) of the attached Table, respectively, from the Plaintiff’s account in the name of the Defendants, etc.