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(영문) 인천지방법원 2019.09.05 2019나1688
부당이득반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff filed a claim for restitution of unjust enrichment with the Defendant, claiming that “The Defendant and the name of the Dong have remitted KRW 3 million to the Defendant by mistake,” and thus, according to the Plaintiff’s evidence No. 1, the Plaintiff’s transfer of KRW 3 million from the Plaintiff’s new bank account to “B” account (D) on January 3, 2018, and the Plaintiff’s deposit account note may be recognized as having indicated “E” on the Plaintiff’s deposit account note. However, the evidence alone presented by the Plaintiff is insufficient to recognize that the name was wrongfully remitted to the Plaintiff, and there is no evidence to prove that the Defendant acquired the said money from the Plaintiff without any legal ground.

Rather, according to the purport of the evidence Nos. 1-3 and the entire pleadings submitted by the Defendant, the Defendant remitted KRW 3 million to F in 2015 (However, in light of the fact that the account holder is “G”, and that the name of the addressee is also indicated in the statement of transactions with F submitted by the Plaintiff, F used the passbook in the name of “G”), the Plaintiff and F were in a partnership business relationship, and the Plaintiff and F were determined to be related to the said money that the Defendant remitted to F.

Therefore, the plaintiff's above assertion is without merit.

2. In conclusion, the plaintiff's claim of this case shall be 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.

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