대여금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The plaintiff and the defendant are middle school Dongs.
B. Since 1993, the Plaintiff visited Korea in Japan, and the Defendant, upon the Plaintiff’s request, dealt with the property-related affairs in Korea, which is difficult to deal with due to the Plaintiff’s residing in Japan.
[Reasons for Recognition] Unsatisfy, entry of evidence Nos. 12 and 13, the purport of the whole pleadings
2. The assertion and determination are as follows, asserting that the Defendant acquired or embezzled the Plaintiff’s money without any legal ground upon the Plaintiff’s request from the Plaintiff for work related to property, and that the Defendant was liable for damages or unjust enrichment due to the tort:
(a)bed;
Since each claim is seeking the payment of money as stated in the paragraph, it is necessary to examine the plaintiff's argument by item.
On July 31, 2007, 150,000 UN on the date of the exchange Nos. 100,000, the full amount of the plaintiff's claim was exchanged into the Korean currency with the acquisition by the plaintiff, and did not deposit the entire amount into the plaintiff's account.
1,155,00 won on June 24, 2008: UN 5,686,260 won on September 22, 2008; 3.15,000 UN 1,225,92 won on September 30, 2008; and 1,040,526 won on September 30, 2008, but deposited KRW 1 million on deposit.
On February 10, 2009, 40,526 won 5,000,000 UN 7,500,000 won deposited 2.7 million won into the C account according to the Plaintiff’s instruction, but the remainder was not known.
On December 9, 2009, 4,800 Won 6,000,000 UN 9,145,610 won was exchanged, but 3,977,467 won was arbitrarily used by the Defendant to repay its loans.
The Plaintiff asserted the above KRW 3,977,467 as an item of account transfer with respect to the said KRW 3,977,467, and changed its assertion from the trial to the United Nations money exchange item.
In sum, 16,85,245 won 1) Decision 2 of the Plaintiff’s assertion 1,50,000 won, which was July 31, 2007, the Defendant exchanged the above money on the above date upon the request of the Plaintiff to exchange 1,50,000 won. Rather, there is no evidence to acknowledge that the Defendant exchanged the above money on the above date.