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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. Determination on the claim for return of unjust enrichment relating to the withdrawal without deposit
A. The Plaintiff’s wife filed a claim for judicial divorce on August 13, 2009 and applied for provisional attachment or provisional injunction against disposal of real estate and deposit claims under the Plaintiff’s name. E, the Plaintiff’s male and female students, opened an account under the name of J, his own son, and had the Plaintiff use it. The Defendant, the Plaintiff’s female students, spent KRW 16,382,980 in total for the Plaintiff’s living expenses, rent, divorce, etc. from November 2, 2010 to May 18, 2011, as shown in the attached Table 1, was finalized on March 18, 2011.
3) On April 14, 2011, the Plaintiff’s account with its national bank (C; hereinafter “instant account”) is deemed to be the account.
(4) On May 17, 2011, the Plaintiff transferred KRW 4.3 million from the instant account to the Defendant’s account and paid KRW 18 million to D in accordance with the Plaintiff’s instruction on the same day. (4) On May 17, 201, the Plaintiff transferred KRW 4.3 million from the instant account to the Defendant’s account, and withdrawn KRW 10 million as a check and paid to D.
[Ground of recognition] Facts without dispute, Gap evidence 1 through Gap evidence 3, Eul evidence 5, 7, 8, 13, 15, 16 (including provisional number; hereinafter the same shall apply), witness D of the first instance court, testimony of Eul and the purport of the whole pleadings
B. The Plaintiff asserts that the Defendant made unjust enrichment by transferring or withdrawing KRW 18 million from the instant account to April 14, 201, and KRW 17,43 million from May 17, 201.
However, according to the above facts and the above evidence, ① the Defendant disbursed KRW 16,382,980 in total as the Plaintiff’s living expenses, rent, and divorce litigation expenses from November 2, 2010 to May 18, 2011; ② the Plaintiff and I’s divorce judgment became final and conclusive on March 18, 201, the Plaintiff paid KRW 12,30,000 in total to the Defendant on April 14, 201, and KRW 4,30,000 in total as of May 17, 201, and ③ D wired KRW 4 million to the Defendant on May 18, 201.