부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, who operated a factual frame on the premise of the fact, traded money with the Defendant, a relative of the Plaintiff, from October 15, 2008 to December 13, 2012, as shown in the separate sheet of transactions. The money transferred by the Plaintiff to the Defendant was totaled of KRW 381,915,000, while the money transferred by the Plaintiff to the Defendant was totaled of KRW 347,778,00,000, the difference between the money transferred by the Defendant and KRW 34,145,00.
On August 31, 2013, the plaintiff participated in the defendant's marriage ceremony.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 7, the purport of the whole pleadings]
2. Determination on the claim
A. The gist of the Plaintiff’s assertion is that “the Plaintiff paid money in good faith as interest name while making a monetary transaction with the Defendant and did not enter into an interest agreement. However, while making a long-term monetary transaction, there was any portion of money separately to the Defendant, but failed to be settled by the Defendant’s refusal. Of the above 34,145,00 won paid in excess to the Defendant, the amount of KRW 1,12,200,000 on December 13, 2012, and KRW 16,98,000 on December 13, 2012, and KRW 1,998,000 on December 13, 201, the amount of KRW 90,000,000,000, which is the amount of KRW 300,7,000,000,000 paid to the Defendant, the Defendant deducted the remainder of KRW 30,000,00,000 that was paid to the Defendant.”
B. Of the amount paid in excess by the Plaintiff to the Defendant, the Plaintiff stated as evidence Nos. 2 that the Plaintiff was not an interest on loan transactions between KRW 16,098,00,00 for the Plaintiff and the Defendant, and there is no evidence to believe that the Plaintiff transferred the money that the Defendant provided while bearing interest on the card loan loan, etc., due to the circumstances indicated in the overall purport of the statement and arguments as to each of the items of evidence Nos. 2 through 5, and there is no evidence to prove otherwise in light of the circumstances that the Plaintiff denied the interest agreement at first time, and there is no other evidence to acknowledge that part of the amount of the instant lawsuit was an
Moreover, the statements and arguments of evidence Nos. 1, 6, and 7 are written.