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(영문) 대전지방법원홍성지원 2019.07.24 2018가단7344
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

From May 30, 2014 to February 25, 2015, the Plaintiff transferred KRW 39,100,000 to the Defendant’s account under the name of the Defendant over a total of 18 times. The Defendant asserts that the Defendant has the obligation to return unjust enrichment to the Plaintiff, since the Defendant wrongfully claimed the above deposit money.

The fact that the Plaintiff, at the request of the Defendant, remitted 31,100,000 won from May 30, 2014 to October 22, 2014 to the Defendant’s account under the name of the Plaintiff, who is the father of the Defendant, to C while lending money to the Defendant’s father, was not in dispute between the parties. According to the evidence No. 2, the Plaintiff may recognize the fact that the Plaintiff, on November 28, 2014, remitted KRW 3,000,000 to the account under the name of D, as well as KRW 5,00,000,000, respectively, on February 28, 2015.

According to this, the above money that the plaintiff remitted to the defendant's account under the name of the defendant is governed by a monetary loan contract between the plaintiff and C. Thus, the defendant does not gain this without any legal ground, and the money that the plaintiff remitted to the defendant's account under the name of D is not transferred to the defendant, and therefore the defendant does not gain without

The plaintiff's claim of this case is dismissed as it is without merit.

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