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Reasons
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(영문) 인천지방법원부천지원 2017.09.15 2016가단114004
부당이득금
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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from October 23, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a construction business entity, became aware of the Defendant who engages in credit business by introducing Nonparty C, because it is necessary to provide funds for implementing the relevant project.

B. The Defendant paid a short-term loan of KRW 250,000,000 to the Defendant, and the Plaintiff returned to the Defendant on November 23, 201, KRW 45,000,000 (on November 22, 2011, transferred from the Plaintiff’s wife D’s account), KRW 150,000,000, and KRW 250,000 on December 23, 201, but did not actually lend money (hereinafter “first transaction”), and accordingly, the Defendant returned KRW 150,00,000 to the Plaintiff on December 23, 201, and thereafter, the Plaintiff returned the remainder of KRW 20,00 to the Defendant on a short-term loan of KRW 150,000,000 to the Plaintiff (on December 23, 200, KRW 200, 200, 300, 200, 200.).

However, the second transaction did not actually lend money. C returned to the Plaintiff KRW 10,000,000 paid by the Defendant on January 6, 2012. On January 11, 2012, the Defendant returned KRW 70,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-2 through 4, 2, 6, Eul evidence No. 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserts that the Plaintiff paid KRW 220,000,000 to the Defendant as a prior interest for a short-term lending of money, and that the Defendant should return the amount of KRW 40,000,000 that was not returned (= KRW 220,000,000 that was returned through C – KRW 110,000,00 that was returned by the Defendant - KRW 70,00,00 that was returned by the Defendant) to the Plaintiff as unjust enrichment.

B. As to this, the defendant asserts as follows.

1) Since C is a party to a monetary transaction with the Defendant, and it merely pays interest to the Defendant via the Plaintiff, the Plaintiff is not a party to a monetary transaction. 2) The Plaintiff is a party to the transaction.

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