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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 court's explanation of this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420
2. The parties' assertion and judgment
A. The plaintiff's assertion that the representative C of the parties concerned had the plaintiff sell three sirens (Mechres BS-300 2 set and set 2S-250 1 set, hereinafter "each sirens of this case") from among the sirens that the plaintiff left A and paid to the defendant 138,141,66 (hereinafter "the money of this case") out of the proceeds of the sale. Since each sirens of this case are owned by the plaintiff, the defendant, not the owner of each sirens of this case, does not have any legal grounds for holding the proceeds of each sirens of this case. Accordingly, the defendant asserts that he is liable to return the money of this case to the plaintiff as unjust enrichment.
As to this, the defendant asserts that each of the sirens of this case was purchased from Company B after the defendant purchased from Company B, and that since the money of this case was paid as a settlement fee under the sirens contract with Party B, it cannot be viewed as unjust enrichment.
B. The judgment system imposes an obligation to return money on a benefiting person based on the principle of fairness and justice in cases where the benefiting person’s financial gain is lacking in legal cause. However, in cases where the debtor uses the money acquired through deception or embezzled from the victim to repay his/her obligation to his/her creditor, it is reasonable to view that the creditor’s financial gain has legal cause in relation to the victim unless there is any bad faith or gross negligence as to the fact that the money was acquired through deception or embezzled by the creditor in receiving the repayment. Such legal principle applies to the creditor.