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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff's primary cause of the plaintiff's claim (the claim for the return of the loan) was to transfer the sum of KRW 83.5 million to the defendant's account and another person's account designated by the defendant (C or D) under the contract for a loan for consumption of money explicitly or implicitly with the defendant.
If the Plaintiff remitted the amount of KRW 83.5 million to the Defendant, C, and D even though there is no legal relationship that constitutes the cause of account transfer between the Plaintiff and the Defendant, the Defendant obtained the benefit equivalent to the above amount without any legal ground, and thus, should be returned to the Plaintiff.
(C) The transfer of money to C and D was reduced and remitted at the request of the Defendant. As such, the transfer to C and D should also be returned to the Defendant as unjust enrichment). The actual user of the account in the name of the Defendant is E, as alleged by the Defendant, as alleged in the Defendant’s claim for the second preliminary claim (liability for damages arising from illegal acts). There was no Defendant’s no profit from
Even if the defendant used his account in his name to E, the plaintiff believed the defendant's self-reliance and wired money to E with no actual ability to repay, and thereby suffered losses.
The defendant is liable to compensate for damages sustained by the plaintiff due to his own tort.
The defendant's assertion did not know the plaintiff and only allowed the plaintiff to use his own account to E.
Therefore, the Plaintiff and the Defendant did not enter into a loan agreement for consumption, and the Defendant unjust enrichmentd the money transferred to the said account.
The plaintiff's claim is without merit, since it did not constitute a tort against the plaintiff.
F, the plaintiff's misjudgment, and E, the defendant's misstatement, are engaged in the construction business, and approximately 15 years ago, are known to him.
The NongHyup Bank in the name of the defendant G, hereinafter referred to as "the account number."