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(영문) 전주지방법원남원지원 2016.11.16 2016가단1176
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant purchased a vehicle and paid to the Defendant totaling KRW 21 million from May 29, 201 to June 1, 2011.

However, the defendant purchased the above money, registered it in his name, and continued to use it until now, and did not transfer the ownership of the vehicle to the plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the purchase cost of the above vehicle 21 million won and damages for delay.

2. Determination

A. In addition to the purport of the entire pleadings, the Plaintiff paid KRW 10 million on May 29, 201, KRW 9 million on May 31, 2011, KRW 21 million on June 1, 2011, and KRW 21 million on each of the following facts: the Defendant purchased the money received from the Plaintiff and registered ownership in the name of the Defendant around June 7, 201 (hereinafter “instant vehicle”).

However, on the ground that the Plaintiff purchased the instant vehicle with the money paid by the Defendant and agreed to register ownership in the name of the Plaintiff on the premise that the Defendant did not implement the said agreement, the Plaintiff appears to seek the return of KRW 21 million, which was already rescinded or cancelled and paid as unjust enrichment on the ground that the Plaintiff did not perform the said agreement. However, it is insufficient to acknowledge that the Plaintiff concluded the said agreement with the Defendant on the sole basis of the aforementioned facts and the evidence Nos. 4 and 5 (including the number of branches), and there is no other evidence to prove otherwise.

B. Even if the Plaintiff’s above assertion was selected as seeking the return of the loan, the Defendant asserted that all of the above 21 million won, which was paid by the Plaintiff, was satisfied. As such, the Defendant far above 21 million won from June 8, 2011 to December 24, 2012.

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