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(영문) 의정부지방법원 2016.10.13 2016나3615
부당이득금 반환
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 Plaintiff, on April 18, 2006, transferred KRW 20,000,000 from the Plaintiff’s agricultural bank account to the Defendant’s national bank account by transferring the remitter from the Plaintiff’s agricultural bank account to the Defendant’s national bank account.

On May 1, 2006, the Defendant remitted KRW 10,000,00 to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence 6, 7-1 and 2, and the result of the order to submit financial transaction information to the National Bank of the first instance court, the purport of the whole pleadings

2. On April 18, 2006, the Defendant asserted that the Plaintiff would have sold the Plaintiff’s housing at a lower price than the market price so that the contract would have been cancelled if he had it sold. The Plaintiff remitted KRW 20,000,000 to the Defendant.

The plaintiff knew that he belongs to the defendant and demanded the return of KRW 10,000,000 on May 1, 2006.

Therefore, the defendant is obligated to pay to the plaintiff the remaining amount of 10,000,000 won and damages for delay.

3. The witness C’s testimony that seems consistent with the Plaintiff’s assertion is difficult to believe, and the facts of the above recognition and the evidence submitted by the Plaintiff alone are insufficient to recognize that the Defendant received the above money by deceiving the Plaintiff that the Defendant would cancel the sales contract on the housing owned by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion based on this premise is without merit without further review.

[In light of the following facts: (a) the Plaintiff: (b) from December 1994 to January 2004, the father of the Defendant (in a de facto marital relationship with D who is a father of D; (c) lent a considerable amount of money to D; (d) the above KRW 20,000,000 to D under the name of the Plaintiff’s birth; and (e) the Defendant remitted the money to D on April 19, 206, which is the date following the date of remittance; and (d) remitted the above KRW 10,000,000 among the above KRW 20,000,000 to D on April 19, 206, it is recognized that there was an agreement between D and D or D through the Defendant’s account; and (e) the Defendant was not a legal cause.

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