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(영문) 창원지방법원 2016.10.13 2016나53071
손해배상(기)등
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment is as follows, except for the case where the part on “a. 2” concerning a claim for return of unjust enrichment from March 1 to 15 of the judgment of the court of first instance is re-written, and thus, it is identical to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act. 【A. A. A. A

(A) In a case where there is a benefit arising from an illegal cause as prescribed in Article 746 of the Civil Act, the person who provided the benefit may not file a claim for return of unjust enrichment with the beneficiary on the ground that the act of the cause is legally null and void, unless the illegal cause exists only in the beneficiary, or the illegality of the beneficiary is significantly larger than that of the person who provided the benefit, and if the provider is not permitted to claim return of unjust enrichment because the illegality of the beneficiary is weak, the person who provided the benefit cannot

(B) We examine the instant case in light of the foregoing legal doctrine (see, e.g., Supreme Court Decision 2012Da116499, May 29, 2014). According to each of the following: (a) evidence Nos. 3, 4, 5, and 1 evidence No. 1 (including a serial number) (i) the Plaintiff loaned money to C was used for gambling money; (b) the Plaintiff was placed in a place where the Defendant, C, and D are gambling; and (c) the Plaintiff lent money to the Defendant upon the Defendant’s repeated request; and (d) the Plaintiff did not seem to have obtained a big economic benefit by lending money to the Plaintiff.

However, in full view of the purport of the entire arguments, the following circumstances are revealed.

① The Plaintiff and the Defendant did not have any special relationship, and the Plaintiff lent money to C at the request of the Defendant at a gambling place.

② The Plaintiff was not in the first place to lend gambling funds, but did not think of the serious degree of recreation in that place.

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