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The plaintiff's primary claim and the conjunctive claim are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The facts of recognition that the Plaintiff remitted KRW 100,000,000 to the national bank account under the name of the Defendant on December 18, 2015, and the facts that the Defendant and C were married on April 3, 1998 do not conflict between the parties, or that the facts that the Defendant and C were married on April 3, 1998 are acknowledged according to the evidence No. 1 and No. 3.
2. The assertion and judgment
A. As seen earlier, the Plaintiff, as the primary cause of the Plaintiff’s claim, remitted KRW 100 million to the Defendant and lent the said money. As such, the Defendant is obligated to pay the said KRW 100 million and delay damages to the Plaintiff by returning the borrowed money.
B) If the Defendant did not borrow the said money from the Plaintiff, the Defendant received the said KRW 100 million from the Plaintiff to his own account without any legal cause, and the Plaintiff suffered losses equivalent to the said KRW 100 million. Therefore, the Defendant is obligated to return unjust enrichment, thereby paying the Plaintiff the said KRW 100 million and damages for delay. (2) The Defendant did not borrow the said KRW 100 million from the Plaintiff, and the Defendant’s bank account in the name of the Defendant was used by the Defendant’s spouse C, and there was no fact that the Defendant unjustly obtained the said KRW 100 million from the Defendant’s spouse.
B. In light of the fact that the Plaintiff was unable to submit all evidence such as a contract or a loan certificate prepared between the Plaintiff and the Defendant with respect to the remittance of the above money, and the contents of the witness C’s testimony and the relationship between the Defendant and the above C, the evidence alone submitted by the Defendant borrowed the above KRW 100 million from the Plaintiff by receiving the above KRW 100 million from the Plaintiff.
It is not sufficient to recognize the fact that the above 100 million won has been gained without any legal cause, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's assertion is without merit.
3. The plaintiff's primary claim and the conjunctive claim are all dismissed as it is without merit.