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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts based on which no dispute exists, Gap evidence No. 1, and the purport of the whole pleadings;
A. On November 30, 201, Nonparty C, the husband of the Defendant, did not have the intent or ability to return or pay the principal of investment in a normal manner even if having received an investment from another person at the D office operated by himself/herself, and even if the funds invested by the Plaintiff were to be used as most expenses for the operation of the company and dividends to the existing investors, Nonparty C made a false statement to the effect that “I will make a foreign futures transaction by combining the automatic trading system of D futures trading with a company with Mcom in Japan,” and that “I will pay the principal by 4% every six months upon investing money in the foreign FX trading deposit.”
Accordingly, on November 30, 201, the Plaintiff wired KRW 50 million to the bank account in the name of Korea, and transferred KRW 60 million to the new bank account in the name of the Defendant (E; hereinafter “instant account”) known by C on December 12, 201.
B. In addition to the above money, the Plaintiff transferred KRW 20 million to C, around March 14, 2012, around April 27, 2012, KRW 100 million around April 27, 2012, and KRW 50 million around May 9, 2012 to C’s account.
C. C is currently serving an appeal after being sentenced to the eight-year imprisonment on September 26, 2013 by this Court (2012 Gohap392, etc.) that was charged with obtaining money from several victims, including the Plaintiff.
2. Determination on the cause of the claim
A. The plaintiff's assertion 1) The plaintiff deposited KRW 60 million in the bank account opened in the name of the defendant without any transaction relation with the defendant, thereby the defendant acquired the deposit claim against the above bank without any legal ground. Thus, the defendant is obligated to return the amount of KRW 60 million to the plaintiff as unjust enrichment. 2) The plaintiff transferred the amount of KRW 60 million to the account in the name of the defendant.