The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Article 741 of the Civil Act provides, “A person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter shall return such benefit.

“......”

In the case of so-called unjust benefits that one of the parties has paid a certain amount of benefits according to his/her own will and requests the return of the benefits on the grounds that there is no legal ground, the burden of proving that there is no legal ground is the person who asserts

In such cases, a person who seeks the return of unjust gains shall assert and prove, together with the existence of the fact causing the act of payment, that the cause has ceased to exist due to the invalidation, cancellation, cancellation, etc., and that in the same case as the so-called mistake remittance made on the ground that there was no ground for the act of payment from the beginning, he/she shall claim and prove that he/she remitted money by mistake to the Defendant’s account (see Supreme Court Decision 2017Da37324, Jan. 24, 2018, etc.). The Plaintiff asserts that, around August 23:36, 2020, he/she sought the return of unjust gains by means of mistake because he/she returned his/her child while transferring the money transferred to the Defendant’s mobile phone account to settle the payment to the customer, while he/she moved the money transferred from the cell phone account to the Defendant’s account by mistake in the number of account transfer from the room to the Defendant’s name.

However, the evidence submitted by the plaintiff is due to Gap evidence, and this is a statement of account entry and withdrawal, which alone cannot be confirmed as to whether the plaintiff's transfer was made by mistake, and there is no other evidence to prove that the plaintiff's transfer was made by mistake. Thus, the plaintiff's assertion is without merit.

[Attachment, according to the above entry and withdrawal statement, the plaintiff remitted 50,000 won to the defendant on August 8, 2020 23:36:54 on August 8, 2020,

8. 10. 22:42:22 The Defendant remitted total of KRW 1,00,000 to the Defendant not later than 29 times, and the remittance period is also diverse, such as A.M., P., P. and P. P., etc.