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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion
A. On January 14, 2009, the Plaintiff lent KRW 600 million to E under the joint and several sureties of F, C, and D Co., Ltd.
E, etc. repaid KRW 200 million to the Plaintiff on April 10, 2009.
B. C paid the interest of KRW 400 million to the Plaintiff out of the above loans, upon recognizing the subject of payment, and paying KRW 198 million to the Defendant from April 2009 to July 201.
C. Therefore, the defendant is obligated to return the above money received from C without any legal ground to the plaintiff as unjust enrichment.
2. Determination
A. The fact that the defendant received KRW 198 million from C does not specifically dispute the defendant.
However, the burden of proving the fact that the general elements for the establishment of unjust enrichment in a lawsuit seeking restitution of unjust enrichment, which occurred without legal cause, is borne by the claimant (see, e.g., Supreme Court Decision 2007Da72786, May 29, 2008). The evidence submitted by the plaintiff alone is insufficient to recognize that the defendant received KRW 198,00,000 from C without legal cause, and there is no other evidence to acknowledge it.
B. Even if the Defendant received KRW 198 million from C without any legal cause, the above circumstance alone does not extinguish the Plaintiff’s claim against C (i.e., the Defendant’s repayment against the Defendant cannot assert the effect of the repayment against the Plaintiff, and still bears the obligation against the Plaintiff, barring any circumstances such as the repayment against the quasi-Possessor of the claim, C cannot assert the effect of the repayment against the Plaintiff, and it cannot be said that the Plaintiff sustained any loss.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.