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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts of the claim ① The plaintiff and the defendant are teaching.
(2) The Plaintiff remitted each amount of KRW 200,00,000 to the Defendant’s account on October 24, 2014, KRW 200,000 to December 16, 2014, KRW 200,000 to January 29, 2016, KRW 500,000 to October 19, 2016, and KRW 3,381,519 to the Plaintiff’s account from November 26, 2014 to May 26, 2017, and there is no dispute between the parties, or there is no evidence that interferes with the transfer.
2. (1) The Plaintiff’s claim is the cause of the instant claim. ① The Plaintiff, in addition to remitting the sum of KRW 1.1 million to the Defendant, lent KRW 2.1 million in cash on May 2016, and KRW 500,000 in cash on August 2016, and lent KRW 2.1 million in total without any legal cause. ② The Defendant’s mobile phone charges, etc. paid KRW 3,381,519 in substitute, and ③ on April 1, 2017, the Defendant arbitrarily used KRW 50,00 in the Plaintiff’s Australia money without the Plaintiff’s permission, and thus, the Defendant is obligated to pay the Plaintiff the sum of KRW 5,981,519 ( KRW 2.1 million in total) ( KRW 3,381,519,519 in total).
In regard to this, the defendant asserted that the plaintiff did not borrow or steal money for living expenses or pay mobile phone charges, etc. in the living with the defendant while living with the defendant.
(2) Therefore, in light of the fact that there was no loan certificate, etc. between the Plaintiff and the Defendant, and the time and amount of account transfer and the number of times, and the Plaintiff failed to provide specific explanation on the circumstance that the Plaintiff paid the Defendant’s mobile phone charges for a long time, the Plaintiff lent KRW 2.1 million to the Defendant solely on the account transfer or the payment of mobile phone charges.
It is insufficient to recognize that the defendant obtained unjust enrichment equivalent to KRW 3,381,519 without any legal ground.
(b).