logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.14 2014가단45659
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The plaintiff's summary of the argument is the defendant's member.

The Plaintiff received 142,174,575 won in total from the Defendant to May 15, 2008 as a bank account in the name of the Plaintiff during the period from October 19, 2007 to May 15, 2008, and on the other hand, paid 175,269,000 won in total (=142,174,575 won in total) by the Defendant repaid 33,094,425 won as collateral loan obligations on the housing subject to redevelopment owned by the Plaintiff.

However, the Plaintiff returned KRW 38,90,000, out of KRW 43,00,000 received from the Defendant on May 15, 2008, to the Defendant on the same day, but the Defendant was forgotten, and on November 11, 201 and January 15, 201, paid in full KRW 180,490,411.

Ultimately, the defendant has a duty to return the above money to the plaintiff, since he obtained unjust enrichment of the above KRW 38,90,000 from the plaintiff.

B. As alleged in the above, as to whether the plaintiff returned 38,90,000 won out of 43,00,000 won for relocation expenses paid by the defendant on May 15, 2008 to the defendant on the same day, it is not sufficient to acknowledge the above only by the descriptions of evidence Nos. 1 and 11, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim of this case premised on this premise is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed. It is so decided as per Disposition.

arrow