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(영문) 서울동부지방법원 2018.07.04 2017가단110138
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff transferred KRW 1,079,034,00 to the Defendant’s account from January 2014 to July 2016. The fact that the Plaintiff transferred KRW 815,351,00 from the Defendant’s account to the Plaintiff’s account is recognized by comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and 2.

2. The plaintiff's assertion was received KRW 1,079,00 from the plaintiff, and returned KRW 815,351,00 among the plaintiff to the plaintiff, and thus, the remaining KRW 263,683,00 shall be refunded as unjust enrichment. The plaintiff shall claim KRW 198,075,00, which is a part of the plaintiff, and damages for delay.

3. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 through 9 of the judgment, the defendant's mother C allowed C to use the passbook in the name of the defendant, and C to conduct a financial transaction with the plaintiff using the passbook and account of the defendant while engaging in a mutual savings transaction.

Therefore, even if the money remitted by the Plaintiff was deposited into the Defendant’s account, the circumstances should be recognized to deem that the Defendant was practically able to control the said money in order to obtain the profit therefrom (see Supreme Court Decision 2010Da37325, 37332, Sept. 8, 201). In light of the above facts of recognition, it is difficult to deem that the Defendant received the said money and did not have a de facto beneficiary of the profit, and there is no other evidence to acknowledge it otherwise.

4. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.

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