대여금
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Defendant, in charge of the accounting affairs of C (hereinafter “C”) for which the Plaintiff served as the representative director, requested the Plaintiff to pay the Plaintiff’s card settlement amount on behalf of the Plaintiff and return the price. Accordingly, the Plaintiff transferred KRW 960,000 to the Defendant on July 19, 2013, KRW 180,000 on August 23, 2013, and KRW 300,000 on September 16, 2013, and the Defendant did not have paid the Plaintiff’s card settlement amount on behalf of the Plaintiff.
Since the above act of the defendant constitutes a tort by deception, the defendant is obligated to pay the plaintiff the above 1,440,000 won and damages for delay caused by the tort.
Even if tort is not recognized, the defendant is obligated to return the above money to the plaintiff as unjust enrichment because the defendant received profits from the plaintiff without any legal ground and suffered losses from the plaintiff.
B. On November 2, 2013, the Plaintiff, at the Defendant’s request, remitted KRW 2,00,000 to the Defendant’s bank account, and the Defendant failed to clarify the purpose of use of the said money, thereby deceiving the Plaintiff and defrauding the said money.
Therefore, the defendant is liable to pay the plaintiff the above 2,000,000 won and damages for delay due to the tort.
Even if tort is not recognized, the defendant is obligated to return the above money to the plaintiff as unjust enrichment because the defendant received profits from the plaintiff without any legal ground and suffered losses from the plaintiff.
C. After remitting KRW 30,00,000 to C’s bank account, the Defendant, on March 26, 2015, remitted the money to the Plaintiff’s bank account as the remitter to the Plaintiff on March 26, 2015. As such, the said money was embezzled by the Defendant, and the Defendant was entitled to receive KRW 30,000,000 from the Plaintiff on April 15, 2015, by deceiving the said money to the Plaintiff. The Defendant’s above act is a tort committed by fraud.