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(영문) 창원지방법원 2018.10.05 2017나61208
양수금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, in addition to the determination of the Plaintiff as to the allegations added by this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

2. In addition, if the Plaintiff did not lend KRW 50 million to the Defendant in advance, the Defendant acquired KRW 50 million without any cause. Thus, the Defendant asserts that the Defendant is obligated to return the said money to the Plaintiff as unjust enrichment. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Defendant acquired KRW 50 million without any legal cause, and there is no other evidence to acknowledge that otherwise. Moreover, the Defendant did not pay KRW 50 million to the Defendant, since the Plaintiff did not have the Plaintiff, the Plaintiff did not have any damage to the Plaintiff. Thus, the Defendant cannot claim a return of unjust enrichment against the Defendant.

Therefore, the plaintiff's conjunctive claim is without merit.

3. The plaintiff's primary claim and the conjunctive claim should be dismissed in its entirety because they are without merit.

The judgment of the court of first instance, which dismissed the plaintiff's primary claim, is justified with this conclusion. Thus, the plaintiff's appeal and the conjunctive claim added by this court are dismissed as it is without merit.

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