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Reasons
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(영문) 서울중앙지방법원 2016.07.13 2015가단102154
부당이득금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the defendant's friendship.

B. In around 198, the Plaintiff disposed of a house with his family due to a large amount of debt, and almost all property was lost.

C. Thereafter, the Plaintiff served in a taxi company from September 27, 200 to September 5, 2012, and served in a taxi company from July 5, 2013 to July 5, 2013.

The Plaintiff’s wife C entered the medical school in 2001 and graduated from the school for six years until 2006. The Plaintiff’s wife received school income tax and paid the registration fee during the first semester in 2003, the second semester in 2005, and the second semester in 2006. The Plaintiff’s wife prepared and paid the registration fee on one occasion, except for the Plaintiff’s wife prepared and paid the registration fee.

E. The Plaintiff’s ASEAN entered the university in 2003 and completed his first year of service, and thereafter returned to the university in 2006 and graduated from the university in 2008. In 2003, the Plaintiff’s wife received income contingent loans and paid the registration fees. In addition, the Plaintiff’s wife prepared and paid the registration fees.

F. From January 11, 2005 to August 26, 2013, the Plaintiff deposited KRW 99,764,600 in total with the agricultural bank account under the name of the Defendant (hereinafter “instant account”).

G. The Defendant disbursed 15.4 million won in total from June 2009 to October 2012 with the monthly rent of the Plaintiff’s house residing. From September 2007 to December 2012 with the mobile phone used by the Plaintiff, the Defendant disbursed 1,985,880 won in the usage fee from September 2007 to December 2012. The Defendant’s husband or children deposited D with the amount of KRW 5 million on March 3, 2006, KRW 4.2 million on August 23, 2007, KRW 3.2 million on August 18, 2008, KRW 3.2 million on August 19, 2008, KRW 1,985,880 in the name of the Plaintiff, and KRW 3 million in the name of each of the Plaintiff’s husband and children, KRW 3 million in the deposit to C on February 1, 2004, KRW 2.3 million in the name of each of the Plaintiff.

[Reasons for Recognition] Unsatisfy, A, 5,6, and 5.

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