1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the Plaintiff deposited KRW 60 million into the Defendant’s account under the name of the Defendant, which C notified that D would be a D operator, and deposited KRW 60 million into the down payment account when C was aware that D’s factory located in Yangyang-gun, Gyeonggi-do, which was owned by D, was in water, due to the need for meat processing and food manufacturing factories to expand the livestock product business.

Then, the defendant refused to return KRW 60 million, alleging that he/she received the above money with the knowledge of part of the claim 100 million which he/she would receive from E, when contact with C is closed.

However, even if there is no legal relationship between the Plaintiff and the Defendant as the cause of account transfer, the Plaintiff remitted the above KRW 60 million by mistake, and the Defendant acquired the claim equivalent to KRW 60 million without any legal ground. Therefore, the Defendant is obligated to pay the Plaintiff unjust enrichment amounting to KRW 60 million and delay damages.

2. According to the evidence No. 1, the Plaintiff’s remittance of KRW 60 million to the deposit account in the Defendant’s name on December 9, 2016 can be acknowledged.

However, the defendant has the burden of proof as to the benefit of the above 60 million won without any legal ground, and there is no evidence to prove that the defendant properly received the above 60 million won and should receive the above 40 million won. On the other hand, there is no evidence to prove that the plaintiff remitted the above 60 million won to the circumstances alleged by the plaintiff.

Meanwhile, the Plaintiff’s assertion on the grounds of remittance is ultimately understood to have remitted KRW 60 million to the Defendant by deceiving C to the person of “C”. However, in the event that the money acquired by deception is used directly for the repayment of his/her obligation to the creditor or for the repayment of the creditor’s obligation to other creditors on behalf of the creditor, the creditor has no bad faith or gross negligence as to the fact that the money was acquired in receiving the payment.