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Reasons
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(영문) 서울고등법원 2016.12.14 2016나2006833
부당이득금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that the court below's explanation of this case is identical to the part of the reasoning of the judgment of the court of first instance, except for the case's dismissal under Paragraph (3) of the judgment of the court of first instance as stated in the following Paragraph (2). Thus, the court's explanation of this case is acceptable as it is by the main sentence

2. Determination as to a claim for return of unjust enrichment equivalent to a loan

A. The gist of the cause of the claim is to jointly take over the Plaintiff and the N, and the Defendant opened a new bank account under the Plaintiff’s name to raise the acquisition fund, and deposited KRW 166 million in the said new bank account with the Plaintiff’s name as security No. 125 and No. 1502 of the O building 125 and no. 1502, which is the Plaintiff’s ownership, after borrowing KRW 166 million in the Plaintiff’s name. Although the commercial building was acquired without return, it was used to pay capital gains tax, etc. on the instant apartment (F apartment 601) without return.

As above, the Defendant used a loan of KRW 166 million in the Plaintiff’s name without any legal cause, thereby gaining profits equivalent to KRW 166 million. Accordingly, the Plaintiff suffered damages equivalent to the same amount.

Therefore, the defendant is obligated to pay to the plaintiff the amount of KRW 166 million as the return of unjust enrichment and damages for delay.

B. According to the statement in Gap evidence Nos. 8, 9, 25, and Eul evidence Nos. 33 (including paper numbers), ① a new bank account (Account Number L), opened on September 1, 2004, and deposited KRW 165,005,520 to the above account on September 2, 2004, the following following day; ② the defendant deposited KRW 69,000,000 to the above account on September 2, 2004; ③ deposited KRW 234,00,000 from the above account on September 3, 2004; ④ submitted a copy of the passbook in a civil case between the plaintiff and the defendant on September 3, 2004; ⑤ deposited by the defendant on September 3, 2004; ⑤ deposited KRW 69,000,000 in a check by the defendant on September 3, 204

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