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(영문) 부산지방법원 2016.09.08 2015가단239139
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he lent the above money to the Defendant’s husband C on March 3, 2009 to the Defendant’s national bank account while lending KRW 50 million to the Defendant’s husband C, and C did not pay the above money.

The Defendant is obligated to return the above money that the Plaintiff lent to C by receiving the money from the Defendant’s national bank account as unjust enrichment without any legal ground.

In addition, since C has lent the above money from the plaintiff for the purpose of living fund and used it as a living fund, the defendant is obligated to pay the above money jointly with C in accordance with the daily home sales agency.

2. First of all, as to the assertion of unjust enrichment, the Plaintiff’s husband C lent the said money to the Defendant’s national bank account while lending KRW 50 million to the Defendant’s husband C cannot be deemed as unjust enrichment without any legal ground, and there is no other evidence to acknowledge otherwise.

Next, according to the Defendant’s order to submit financial transaction information to the Defendant’s bank account on March 3, 2009, the Plaintiff is recognized as having remitted KRW 50 million to the Defendant’s national bank account on March 3, 2009. Meanwhile, according to the above evidence, the Defendant re-transfered KRW 40 million out of KRW 50 million, which was remitted from the Plaintiff on March 3, 2009 to D on March 3, 2009. The Plaintiff also transferred KRW 50 million to the Defendant’s national bank account on March 2, 2009, KRW 20 million on March 2, 2009, KRW 20 million on March 1, 200, KRW 2000, KRW 9 million on March 23, 2009; KRW 9 million on March 2, 200, KRW 9 million on March 23, 2009; and KRW 2 million on March 23, 2009.

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