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(영문) 인천지방법원부천지원 2019.11.27 2019가단7329
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts without dispute are: (a) from the account in the name of the Plaintiff; (b) from November 16, 2016, to the account in the name of C on November 16, 2016; (c) KRW 30 million was transferred to the account in the name of the Defendant on November 21, 2016; and (d) from the account in the name of C to the account in the name of D on November 22, 2016, the fact that KRW 10 million was transferred to the account in the name of D is not disputed between the parties.

2. The gist of the party’s assertion is the cause of the instant claim. The Plaintiff sought a return of KRW 40 million against the Defendant on the ground that the Defendant, without any legal cause, repaid the Defendant’s debt to D with the Defendant amounting to KRW 40 million.

3. In the case of seeking the return of unjust enrichment, the responsibility to prove that the benefit was provided without any legal ground exists to the person who seeks the return, and it is not sufficient to recognize that the plaintiff remitted money without any legal ground, and there is no other evidence to prove otherwise.

(O) In light of the overall purport of the pleadings, the Plaintiff’s claim is dismissed as it is without merit, and it is so decided as per Disposition by the assent of all participating Justices on the bench’s reasoning. (In light of the above, the Plaintiff’s claim is dismissed as it is so decided as per Disposition. (1)

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