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(영문) 춘천지방법원강릉지원 2020.07.14 2019가단35410
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s children C and the Defendant first commenced living together from around May 2018 to around September 2018, and around May 2019, they got married.

However, the declaration of marriage was not made.

From July 2019 to July 2019, there was a decision of temporary measures such as prohibition of access to C around the end of July 2019, and the living together with the above person was completed.

B. A around September 2018, around the time of the living with the Defendant, the first floor of the building E located in Gangseo-si from D around September 2018, which was around the said living with the Defendant, was leased to KRW 10 million in lease deposit and KRW 700,000 in the rent month, and operated the “F” store at the same time (hereinafter “instant store”). At the time, the Defendant primarily took charge of customer management, and the Defendant mainly took charge of money management through the business account in the name of Dong G.

C. Meanwhile, from the corporate bank account (Account Number H; hereinafter “instant account”) in the Plaintiff’s name to the lessor’s deposit account, the sum of KRW 10 million was transferred three times from September 4, 2018 to October 8, 2018 (hereinafter “instant KRW 1”) in the name of the lessor’s deposit for the instant store (hereinafter “instant KRW 2,80,000,000,000, in four times from October 8, 2018 to January 8, 2019 (hereinafter “instant KRW 2”).

In addition, the sum of KRW 30,50,000,000 (hereinafter “instant KRW 3 gold”) five times from September 8, 2018 to October 5, 2018 under the name of the interior work price for the instant store from the instant account to the tegical fishery operator I, and the sum of KRW 1,2, and KRW 3,000,000,000 in total, was remitted from the instant account to the instant account (hereinafter “each of the instant money”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 3, Eul evidence 4-1 and Eul evidence 4-2, the purport of the whole pleadings and arguments

2. The judgment of the Plaintiff as to the primary claim is the first cause of the primary claim, and each of the instant claims is the method of directly remitting the money to the lessor and the fishery operator upon the Defendant’s request for a loan.

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