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(영문) 춘천지방법원강릉지원 2016.11.15 2016가단4361

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

According to Gap evidence No. 1, the plaintiff transferred 50 million won to the account under the defendant's name on April 15, 2016.

The plaintiff transferred KRW 50 million to the defendant's account upon A's request for borrowing. The defendant asserts that the defendant has a duty to return the money because he received 50 million won without any legal ground and received unjust enrichment.

In the event that the gain actually does not belong to the party benefiting, the party benefiting has no obligation to return the gain (see Supreme Court Decision 2010Da37325, 37332, Sept. 8, 201). The Plaintiff’s transfer of money to the Defendant’s bank account does not necessarily lead to the fact that the money was actually reverted to the Defendant immediately due to the circumstance that the Plaintiff wired the money to the Defendant’s bank account, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.