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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the following matters, and thus, this is accepted by the main sentence of Article 4
Article 741 of the Civil Act provides, “A person who gains a benefit from another’s property or services without any legal cause and thereby causes loss to the other person shall return such benefit.”
The burden of proving that there is no legal ground in the case of the so-called unjust enrichment that one party claims the return of the benefits after having paid a certain amount of benefits according to his/her own will on the grounds that there is no legal ground.
In such cases, a person who seeks the return of unjust enrichment shall assert and prove, together with the existence of the fact causing the act of payment, that the cause has ceased to exist due to the extinguishment of the said cause due to invalidation, cancellation, cancellation, etc., and that in the same case as the so-called mistake remittance made on the ground that there was no ground that the act of payment was caused, he/she shall assert and prove the fact that
(see Supreme Court Decision 2017Da37324, Jan. 24, 2018). Therefore, the Plaintiff seeking the return of money after having paid the money to the Defendants according to his/her own intent, on the grounds that there is no legal ground for the payment of the money, must prove and prove the fact that an investment contract for acquiring stocks, which is the ground for the payment of money, was established, or that at least the amount was paid for the said investment contract.
In this case, the plaintiff and the defendants did not submit particular data to prove that there exists a legal relationship related to the payment of the amount in question, such as a disposal document, including a contract related to an investment contract for the acquisition of shares, or a plan for investment, etc., as alleged by the plaintiff.