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(영문) 서울남부지방법원 2016.11.17 2016가단14090

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The allegations and judgment of the parties

A. From March 2012 to April 2013, the Plaintiff’s summary of the Plaintiff’s assertion was aware that the mother of the primary debtor C is the mother of the primary debtor C, and paid a total of KRW 11 billion to the passbook under the name of the Defendant.

In addition, the defendant used the money deposited by the plaintiff as living expenses, etc. with C.

Therefore, the Defendant is liable to return to the Plaintiff the principal KRW 10 million and interest KRW 20 million calculated by five percent per annum from March 15, 2012 to April 19, 2016, the sum of KRW 121 million, and damages for delay thereof, as unjust enrichment.

B. According to the evidence submitted by the Plaintiff, such as evidence No. 1 (Judgment), the Plaintiff is aware of the fact that the Plaintiff obtained a total of KRW 130,77 million by deceiving C who has no intent or ability to repay. However, there is no evidence to acknowledge that the Defendant participated in such fraudulent act, and as long as the Plaintiff deposited the money in the Defendant’s name at the request of C, such circumstance alone cannot be deemed to have obtained unjust enrichment equivalent to the above money.

In addition, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant is also legally responsible for the illegal act of C.

2. Conclusion, we cannot accept the Plaintiff’s claim for this reason.