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(영문) 광주지방법원 2020.05.26 2019가단531047
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The defendant is the father and wife of the plaintiff.

The Plaintiff worked in Cambodia three times from October 2007 to October 201.

From January 4, 2008 to March 13, 2009, the sum of KRW 77,210,744 was deposited in the new bank account (C) in the name of the Defendant. From August 10, 2009 to May 20, 2010, the sum of KRW 11,369,720 was deposited in the national bank account (E) in the Plaintiff’s name as an overseas remittance. From August 6, 2010 to October 27, 201, the sum of KRW 62,220,669 was deposited in the national bank account in the said Plaintiff’s name.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that the Plaintiff sent the benefits received while working in Cambodia to the new bank account in the name of the Defendant and the national bank account in the name of the Plaintiff managed by the Defendant.

Therefore, the Defendant is obligated to return to the Plaintiff the remaining KRW 135,79,933, which was derived from deducting KRW 15,001,20, which was used in paying the obligation according to the Plaintiff’s instructions, among KRW 150,801,133, which was remitted as above.

B. The money transferred to the new bank account under the Defendant’s assertion that the Defendant owed was used as living expenses, etc. by transferring the money to the Plaintiff’s debt repayment and the Plaintiff’s mother’s instructions to G. The national bank account under the Plaintiff’s name was not managed by the Defendant but used as living expenses, etc. by the mother G, etc.

C. The Plaintiff transferred money to the new bank account under the name of the Defendant, and the fact that money was transferred to the national bank account under the name of the Plaintiff was examined in the above basic facts.

However, the following circumstances revealed from the above basic facts, Gap evidence No. 1 and the purport of the entire pleadings, i.e., the plaintiff filed the lawsuit of this case in the past 2019, claiming that he had to keep money until 2011, and ii).

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