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(영문) 서울동부지방법원 2016.11.25 2016나21201
대여금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. The reasoning for the judgment of the court of first instance cited in this case is as follows, except for the addition of the judgment on the claim for return of unjust enrichment which the plaintiff added as the conjunctively in the trial at the trial at the court of first instance, and therefore, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure

2. Additional matters to be determined;

A. On February 24, 2011, the Defendant asserted by the Plaintiff, who received KRW 80 million from the Plaintiff’s account from the Plaintiff and received unjust enrichment by arbitrarily consuming and consuming the Plaintiff’s account, and thus, the Defendant shall return the same to the Plaintiff.

(The plaintiff claimed the return of KRW 100 million in the claim of the preliminary claim, but the plaintiff asserted the above KRW 80 million in the cause of the claim only. (b)

Judgment

In light of the facts acknowledged earlier and the testimony of H in writing, it is reasonable to view that the Plaintiff deposited KRW 80 million in accordance with the loan agreement concluded with C or E during the establishment.

According to this, the defendant cannot be said to have obtained a benefit without any legal ground.

The evidence alone submitted by the Plaintiff is insufficient to recognize that the Defendant used or consumed the above money at will, and even if such circumstances are recognized, the Defendant is not obliged to return unjust enrichment in relation to the Plaintiff.

The plaintiff's above assertion is without merit.

3. The plaintiff's claim is dismissed in its entirety as it is without merit. The judgment of the court of first instance, which dismissed the plaintiff's main claim, is just, and the plaintiff's appeal and the incidental claim in the trial are dismissed as it is without merit. It is so decided as per Disposition.

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