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(영문) 서울남부지방법원 2018.08.16 2018나52264
대여금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons why the court cited the judgment of the court of first instance concerning this case are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following additional judgments by changing a claim for return of unjust enrichment which is selected by the court of first instance.

2. Additional Judgment

A. The plaintiff's assertion was made by the defendant by receiving a total of KRW 38,952,00 from the plaintiff without any justifiable reason and unjust enrichment.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 38,952,00 as unjust enrichment return and delay damages therefor.

B. In addition to the fact that the Plaintiff remitted money to the account under the name of the Defendant, the Plaintiff did not prove any assertion as to the specific requirements for return of unjust enrichment, and in light of the facts acknowledged in the first instance court, it is insufficient to recognize that the Plaintiff’s act of remitting money to the financial account under the name of the Defendant constitutes payment pursuant to the Defendant’s transactional relationship with the Defendant, even if the Defendant received money from the Plaintiff, it is insufficient to recognize that the Defendant made unjust enrichment without any legal cause, and there is no evidence to

3. Thus, the plaintiff's claim shall be dismissed as it is reasonable.

The judgment of the court of first instance is justifiable with this conclusion, and the plaintiff's appeal and the additional selective claims added by this court are all dismissed. It is so decided as per Disposition.

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