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(영문) 서울중앙지방법원 2019.06.14 2017가단5224435 (1)
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. On June 2013, the Plaintiff asserted that the Plaintiff and the Defendant agreed to pay KRW 37 billion to the Defendant when the Defendant deposited KRW 1 billion in the Plaintiff’s account in the Plaintiff’s name for one month. On November 2013, the Plaintiff agreed to pay KRW 1 billion to the Defendant when the Defendant deposited in the Plaintiff’s name D Bank account for one month. The Plaintiff paid KRW 71 million in total to the Defendant pursuant to each of the above agreements, but the Defendant did not deposit the said KRW 2 billion in the Plaintiff’s account in the Plaintiff’s name.

Therefore, since the plaintiff primarily terminates each of the above agreements on the grounds of the defendant's default, the defendant must return the fees of KRW 71 million to the plaintiff with the restoration to its original state, and the defendant acquired KRW 71 million without any legal ground, and thus the plaintiff shall return it to the plaintiff with unjust enrichment.

B. We examine the judgment, the evidence submitted by the Plaintiff and the witness E alone are insufficient to acknowledge that the Plaintiff and the Defendant paid the Defendant fees of KRW 71 million, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim on different premise is without merit.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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