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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C served as the representative director from July 2007 to November 201, 2012, and the Defendant is the Plaintiff’s wife and D’s mother.
B. During the period from October 25, 2007 to December 24, 2008 and from June 22, 201 to May 30, 2012, the Plaintiff remitted KRW 96,116,146 to a new bank account (the account number E; hereinafter “instant account”) under the name of the Defendant as salary for the Defendant, and KRW 101,697,160 to a bank account under the name of the instant and C from January 23, 2009 to March 30, 2012, respectively.
There is no fact that Defendant and D worked as an employee of the Plaintiff during the period of receiving the above money from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 6, 7, Gap evidence 11 and 12, the purport of the whole pleadings
2. The plaintiff asserts that the defendant is obligated to return the amount of KRW 150,726,96 (the defendant's salary 96,116,146 (the defendant's salary 96,610,820) under the name of D salary 54,610,820 (hereinafter "the money of this case")) paid to the account of this case. The defendant asserts that since the person using the money of this case is C, the plaintiff's claim is unjust.
3. Determination
A. The unjust enrichment system imposes an obligation to return the unjust enrichment on the benefiting party based on the principle of fairness and justice in a case where the benefiting of the benefiting party did not have a legal cause. However, if the benefiting party does not have a substantial interest, the return obligation cannot be
(Supreme Court Decision 2010Da37325, 37332 Decided September 8, 201). B.
The following facts are recognized according to the results of the Financial Transaction Information Return on the Director of the New Bank Business Support Center of this Court:
① From October 25, 2007 to December 24, 2008, the amount between KRW 3,982,000 and KRW 3,982,00 have been deposited every 16 times before and after the 25th day of each month in the name of the Defendant’s benefits to the instant account from October 25, 2007 to the instant account, and among them.