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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On October 2008, the Plaintiff asserted that “No money exists that the fishing village fraternity should pay to the Plaintiff 40% of the money for the purchase of the paper. We have to do so. On the other hand, once borrowing money and then raising the money, then the Party later requested the refund of the money.” The Plaintiff suggested that “I will supply the full amount of the paper plaque to the Party.”
On December 1, 2008, the Plaintiff accepted the above proposal and received the paper money from Seosan City, and then transferred the amount equivalent to his own share to the Defendants.
However, the Defendants failed to supply the Plaintiff, thereby violating the agreement.
The plaintiff cancels the agreement with the defendants.
Therefore, the Defendants should pay the amount remitted from the Plaintiff as restitution to the Plaintiff.
2. If the property is paid or labor is provided for an illegal cause, no demand for the return of such benefit shall be made.
(The main text of Article 746 of the Civil Act). According to the evidence No. 1 of the same Act, the fact that the Plaintiff agreed to transfer the amount equivalent to the Plaintiff’s own shares to the Defendants, and the Defendants received subsidies for the support project for the purchase of a horse from Seosan City without having to bear any actual shares, can be acknowledged that the Plaintiff and the heads of fishing village fraternities of the Defendants were sentenced to
The illegal cause stipulated in Article 746 of the Civil Code for the reason that the claim for return of unjust enrichment is prohibited refers to the case where the act which caused it violates good morals and other social order.
The Plaintiff asserts to the effect that even if the illegal cause falls under illegal consideration, the Plaintiff may seek the return thereof pursuant to the proviso of Article 746 of the Civil Act, since the illegal cause falls under the case where only the beneficiary exists or the illegality of the Defendants, the beneficiary,
However, by remitting the amount equivalent to self-charges to the Defendants, the Defendants shall assist the Defendants in receiving subsidies from Seosan City.