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(영문) 부산지방법원동부지원 2017.07.19 2016가단207371
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is omitted from the defendant, and C is the plaintiff's female life and the defendant's words.

B. On September 10, 2013, the Plaintiff prepared and delivered a loan certificate (Evidence 1) to the Defendant stating that “the Plaintiff borrowed KRW 40 million from the Defendant on September 10, 2013 as the purchase price for the tea of Plaintiff D, who is the Plaintiff’s children,” and that “the Plaintiff borrowed KRW 40 million from the Defendant on September 10, 2013.”

C. On October 18, 2013, the Defendant remitted KRW 25 million to D’s new bank account.

On May 12, 2014, the Plaintiff paid KRW 40 million to the Defendant via C.

E. On July 7, 2016, the Defendant remitted KRW 15 million to the Plaintiff’s Busan Bank account.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 3 and 9, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant, who is a woman, was given up KRW 70,000,000 to two times in order to receive money by preparing a remaining portion of money to the Plaintiff, who is a woman, after his/her own death, without the knowledge of his/her spouse.

The first was found at the defendant's office around November 4, 2008 and entrusted KRW 30 million to the defendant. The defendant, along with the plaintiff and C, cancelled the term deposit amounting to KRW 50 million established on October 27, 2008 and distributed to the post office with KRW 30 million and KRW 20 million.

(B) The Plaintiff did not have any reason to separately keep the deposited deposit amounting to KRW 30 million on the preceding day, and did not request the Defendant to separately keep the deposited deposit amounting to KRW 30,000,000 and KRW 20,000,000,000,000. The second is that the Plaintiff left the Defendant via C around May 12, 2014.

On the other hand, the defendant remitted KRW 25 million to the account under D around October 18, 2013, and the above KRW 25 million to the defendant around November 4, 2008, which can be deemed to have been opened by the plaintiff as KRW 30 million to the defendant around November 4, 2008, was renewed every year.

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