부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From among the new civil works for the construction of apartment housing C and officetels in the Changwon-si, the Plaintiff’s assertion that the subcontract agreement for the household facilities construction (hereinafter “instant subcontract agreement”) was made falsely without gathering the Plaintiff, and the construction cost was paid to the Defendant under the said contract even though the Defendant did not entirely perform the construction work.
It is not so.
Even if the money paid from the plaintiff to the defendant is paid without any agreement or consideration, the defendant must return the money paid from the plaintiff to the plaintiff as unjust enrichment.
2. 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 is borne by the Plaintiff, who is the party claiming the return.
(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the Plaintiff’s assertion that the Plaintiff transferred money to D representative director at the time when the Plaintiff paid money to D pursuant to an agreement with D, a corporation under the name of the Defendant, to the Defendant, on five occasions during two years from September 25, 2015 to December 18, 2017, etc. (see, e.g., Supreme Court Decision 2007Da72786, May 29, 2008).
Even if the defendant's unjust enrichment is recognized, it is seen earlier.