beta
(영문) 춘천지방법원 2015.04.07 2014가단7912

부당이득금반환

Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. The plaintiff asserted by the parties that C and C deposited KRW 24,00,000 to the defendant, and the defendant should hear from C that the agreement was concluded that C and C would deposit KRW 25,00,000 again within one hour, and even if the plaintiff transferred KRW 24,00,000 from the plaintiff's account under the name of the defendant to the defendant's account, the defendant did not transfer the above money again. The defendant asserts that since C and the defendant received the above money from the plaintiff's account without any legal ground and received it from the plaintiff's account, the defendant is obligated to return it to the plaintiff.

In this regard, the defendant asserts that the defendant received the above money from C as the repayment of the money lent to C, and that it did not make unjust enrichment, and that the plaintiff's claim of this case is groundless.

B. On October 15, 2013, the court below held that the plaintiff remitted 24,00,000 won to the bank account in the name of the defendant on October 15, 2013. However, although there is no dispute between the parties concerned, C borrowed 24,00,000 won from the defendant to the defendant and requested the plaintiff to transfer the above money to the defendant to the defendant to pay the defendant, in other words, C borrowed 24,000,000 won from the defendant to the defendant to the defendant, it is difficult to recognize that the defendant transferred the above money from the plaintiff to the defendant to receive the above money from the defendant to the defendant, and it is hard to find that C borrowed 24,00,000 won as a witness in this law and transferred 24,00,000 won to the defendant to the defendant to pay for the debt from the plaintiff to the defendant as a result of the plaintiff's testimony, in light of the evidence presented by the plaintiff to the plaintiff's 2004,05,205.