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(영문) 서울중앙지방법원 2016.10.20 2016가단5021028

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant filed a claim for damages due to fraud, which caused the Plaintiff to be defective in operating the business, and the Plaintiff had paid KRW 250,000,000 as business funds.

Therefore, the defendant is obligated to pay 75,439,485 won and delay damages incurred by the plaintiff due to damages caused by tort to the plaintiff.

B. The Plaintiff filed a claim for return of unjust enrichment with the belief of the Defendant and disbursed the above money for the operation of C.

Among them, 20,613,545 won for office rent and management expenses, 5,101,567 won for bank online remittance, 962,92,920 won for telephone and Internet expenses, water purifiers, computer expenses, 949,748 won for cash withdrawal, 4,857,200 won for cash withdrawal, 42,954,505 won for card use, and 75,4396,485 won for a total of 75,496,485 won for which the defendant gains profits without any legal ground, and thus the defendant is liable to return the above amount to the plaintiff as unjust enrichment.

2. Determination

A. We examine the judgment on the claim for damages, and the evidence alone submitted by the Plaintiff is insufficient to acknowledge the fact that the Defendant deceivings the Plaintiff, and there is no other evidence to acknowledge it, and thus, this part of the Plaintiff’s assertion is difficult to accept.

B. Even according to the Plaintiff’s assertion on the claim for return of unjust enrichment, the Plaintiff spent funds necessary for the business with the intent to operate the business with the Defendant. Thus, aside from the fact that the Defendant may claim settlement of accounts arising from the business relationship, it is difficult to view that there is no legal ground, and there is no other evidence to acknowledge this part of the claim.

Therefore, the plaintiff's assertion that the claim for return of unjust enrichment occurred is rejected because the plaintiff paid money without any legal ground.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.