대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserts that a total of KRW 173,800,000 was lent to the Defendant over 23 times from November 15, 2012 to December 8, 2014, and thus, it is insufficient to recognize the Plaintiff’s primary claim solely based on the results of the order to submit financial transaction information to the NHF Bank to the Defendant, and there is no other evidence to acknowledge it. The Plaintiff’s aforementioned assertion is without merit.
2. The fact that the Plaintiff transferred a total of KRW 173,80,000 on 23 occasions from November 15, 2012 to December 8, 2014, to the account held in the name of the Defendant, does not conflict between the parties.
The plaintiff asserts that the defendant obtained monetary benefits, such as acquiring a hospital building by using the above money transferred without any legal ground, and that the plaintiff has a duty to return it in unjust enrichment.
The burden of proving that there is no legal ground in the case of the so-called unjust enrichment that one party claims the return of the benefits after having paid a certain amount of benefits according to his/her own will on the grounds that there is no legal ground.
In such cases, a person who seeks the return of unjust enrichment shall assert and prove, together with the existence of the fact causing the act of payment, that the cause has ceased to exist due to the extinguishment of the said cause due to invalidation, cancellation, cancellation, etc., and that in the same case as the so-called mistake remittance made on the ground that there was no ground that the act of payment was caused, he/she shall assert and prove the fact that
(Supreme Court Decision 2017Da37324 Decided January 24, 2018). In light of the foregoing legal doctrine, in this case where the Plaintiff transferred the above money to the Defendant at his/her own will, the statement of evidence Nos. 4 through 6 and the NH Bank of this Court against the Plaintiff.