(영문) 서울남부지방법원 2019.10.24 2019가단204511

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.10.24 2019가단204511

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts premised on the premise that the Plaintiff and the Defendant lived from October 2013 to liquidate the living together on or around August 2018, there is no dispute between the parties.

2. The plaintiff's assertion

A. The Plaintiff, while living together with the Defendant, jointly collected money for the purpose of securing a residence, and paid a total of KRW 9,729,687 to the Defendant, and received only KRW 52,524,570 among them.

Therefore, the defendant is obligated to return remaining KRW 47,205,117 to the plaintiff.

B. Of KRW 90,00,000, which the Plaintiff and the Defendant together live in Gangseo-gu Seoul Metropolitan Government House, KRW 8,400,000,000, which were the money created by the Plaintiff and the Defendant received the said lease deposit after the termination of the lease, the Defendant is obligated to return the said KRW 8,40,000 to the Plaintiff.

3. According to the evidence No. 4, the Plaintiff’s payment of KRW 99,729,687 to the Defendant several times from October 2013 to August 2018 can be acknowledged.

However, the above circumstances and other evidence submitted by the Plaintiff alone have left cash to the Defendant in order to establish a residence with the Defendant.

It is not sufficient to recognize that the plaintiff prepared part of the lease deposit in the house living together, and there is no other evidence to recognize it.

Therefore, the plaintiff's above assertion is without merit.

Rather, comprehensively taking account of the purport of the entire arguments in the statements in the evidence Nos. 2 through 7, 11 through 13, the fact that the Defendant, who transferred the above KRW 9,729,687, deposited money into the Defendant’s account and used the money from the Plaintiff and the Defendant’s living expenses.

Even according to the Plaintiff’s assertion, the Plaintiff paid money from the above money to the Defendant from time to time. Therefore, it is reasonable to view that the said money paid to the Defendant is the money paid as living expenses.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

유사 판례

-서울남부지방법원 2018.02.02 2016가단21395

-울산지방법원 2018.02.22 2017나23073

-창원지방법원 2016.10.20 2016가단7350

-청주지방법원 2016.10.28 2016가단1014

-광주지방법원순천지원 2015.12.17 2015가단7484