1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The plaintiff asserted that he remitted KRW 2,100,000 to the defendant on July 6, 2009.

The plaintiff lent the above money to the defendant. In the previous lawsuit where the plaintiff sought the return of the loan, the defendant denied the loan from the plaintiff, and the plaintiff's claim was dismissed.

If there is no legal relationship that forms the cause of account transfer, the remitter is entitled to claim the return of unjust enrichment against the payee. The defendant is obligated to return the above money to the plaintiff as unjust enrichment.

2. The Plaintiff’s claim was dismissed in the previous lawsuit (Seoul Northern District Court 2014Gada68540) brought against the Defendant, claiming that the money remitted by the Plaintiff was a loan, and the fact that the said judgment became final and conclusive is significant in this court because the Plaintiff’s appeal and appeal were dismissed in turn.

In the claim of this case, the plaintiff asserts that he lent the above money to the defendant on the basic factual basis which is the basis of the claim, and merely because the claim for the loan was dismissed in the previous lawsuit, the defendant does not constitute unjust enrichment and the defendant gains the money without any legal ground. (The plaintiff, the defendant, and C do not exist, and the defendant must still assert and prove that the plaintiff should not have remitted the money as above in the name of C). The plaintiff's assertion is insufficient to recognize it by itself or by the evidence submitted.

Therefore, the plaintiff's claim is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.