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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Plaintiff’s assertion
The summary is as follows: KRW 60,00,500, which was remitted to the Defendant from the Plaintiff’s account on September 2, 2011, and KRW 77,009,750,00,000, which was transferred to the Defendant on September 5, 2011; KRW 77,009,750,00, which was the sum of KRW 17,009,250, which was September 5, 2011; and KRW 30,000,000, which was paid voluntarily by the Plaintiff’s joint representative director in order to repay the existing contractual debt owed to the Defendant of the Defendant himself (i.e., the Defendant’s personal enterprise “D”); therefore, the Defendant acquired the said money
2. In the case of a so-called “justifiable enrichment” claiming the return of a certain benefit upon his/her own will on the grounds that there is no legal ground, the burden of proving that there is no legal ground is a person who asserts the return of unjust enrichment.
In such cases, a person who seeks the return of unjust enrichment shall assert and prove, together with the existence of the fact causing the act of payment, that the cause has ceased to exist due to the extinguishment of the said cause due to invalidation, cancellation, cancellation, etc., and that in the same case as the so-called mistake remittance made on the ground that there was no ground that the act of payment was caused, he/she shall assert and prove the fact that
(1) The Plaintiff’s assertion is without merit, inasmuch as the Defendant received the said money from the Plaintiff as repayment of one’s own claim (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). Inasmuch as the Defendant received the said money from the Plaintiff as repayment of one’s own claim, the circumstance alleged by the Plaintiff, namely, the fact that C, which was a joint representative director of the Plaintiff, incurred damage to the Plaintiff by using the Plaintiff’s money voluntarily for the repayment of one’s own debt, cannot be deemed to have obtained the said money from the Plaintiff
A party to a contract.