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(영문) 부산지방법원 2016.02.05 2015가단8571

부당이득금 반환

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 that although the defendant did not think of marriage with the plaintiff, the plaintiff asserts that the defendant is obligated to refund the above amount of money and the damages for delay to the plaintiff, since he/she deceivings the plaintiff by deceiving the plaintiff and by deceiving the plaintiff 32,840,90 won.

As to this, the defendant asserts that the plaintiff only donated the above money to the defendant for the teaching system, and that the defendant does not have any obligation to return the above money to the plaintiff.

2. The fact that the Plaintiff paid KRW 32,840,90 to the Defendant is not a dispute between the parties. However, in light of all the circumstances such as the fact that the Plaintiff lent the above money to the Defendant, and the fact that the Plaintiff recognized the above money and the fact that it could be known by comprehensively considering the overall purport of the pleadings, the following circumstances were that the time when each of the money was paid was maintained a good relationship with the Plaintiff when the Plaintiff associates with the Defendant, the details of the payment appears to have been used as the expenses for the Defendant’s family exercise, the money for the Defendant’s children, the living expenses for the Defendant’s children, and the Plaintiff paid the money to the Defendant without any specific agreement on the time of repayment or interest rate, the Plaintiff is sufficiently aware that the economic situation of the Defendant was difficult, and it appears that the Plaintiff paid the money of this case to the Defendant in consideration of the future relationship or marriage with the Plaintiff.

It is difficult to recognize that the defendant deceivings the plaintiff on the fact that he or she had the ability to repay or had the intent to repay, and that the plaintiff acquired the above money by deceiving it, there is no other evidence to recognize it.

3. Conclusion, the plaintiff's claim of this case is without merit.