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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion is as follows, since the defendant deceivings the plaintiff by deceiving the money, or obtained unjust enrichment by receiving money without any legal ground, the defendant must pay the following amount to the plaintiff as compensation for damages caused by tort or return it to the plaintiff as unjust enrichment.
While the Defendant, who was willing to manage the benefits to the Plaintiff with intellectual disability, received the amount equivalent to KRW 21,760,000 from August 4, 2010 to September 9, 2012, by means of money transfer, etc. to the Defendant’s passbook that the Plaintiff received while working in the “C” restaurant and received the total amount of KRW 21,760,000 from around August 4, 2010.
B. In addition, the Defendant had the Plaintiff purchase four insurance policies, such as (1) MY Life Fiff Fife Fife Fife Fifurg Insurance, (2) Miffife Fife Fifurg Insurance, (300,000 won for total premiums, and (3) Fiffe Fifgent Fifged Fifg Insurance, etc., and had the Plaintiff pay the total premiums of KRW 12,30,000, and acquired the above amount by fraud.
C. The Defendant, without any legal cause, received the benefits to be received by the Plaintiff in the Plaintiff’s passbook directly or in the Plaintiff’s “C” restaurant directly from August 4, 2010 to September 9, 2012 by means of directly receiving the benefits to be received by the Plaintiff in the Defendant’s passbook, thereby unjust enrichment of KRW 10,295,000 in total.
2. Determination
A. According to the reasoning of the court's response to the allegation of fraud of benefits or retirement allowances, part of the amount deposited by the plaintiff as the head of the Tong can be acknowledged as having been deposited in the defendant. However, the above facts of recognition and the statements of evidence Nos. 2 through 5, 2, 3, 11, 12, and 13-1, 2, 3, 14 through 17, 27, 28, 29-1, 29-1, 30-9 of evidence Nos. 21, 760, 300 by deceiving the plaintiff.