(영문) 창원지방법원 2018.06.22 2017나58448

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(영문) 창원지방법원 2018.06.22 2017나58448

부당이득금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following "2. height", and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure

2. The second and third sides of the judgment of the court of first instance shall be cut to the second and second sides of the judgment as follows.

The fact that the Plaintiff paid KRW 40 million to the Defendant on June 1, 2010 is not disputed between the parties, but the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff’s agent paid KRW 40 million to the Defendant for the purpose of partially repaying the amount of KRW 81 million borrowed from the Defendant for the purpose of securing expenses incurred in the Plaintiff’s criminal case. There is no other evidence to acknowledge this. [Although the Plaintiff’s assertion is recognized, the repayment of the obligation can be made by a third party. Thus, the Plaintiff’s payment of KRW 40 million to the Defendant on June 1, 2010 is a legitimate repayment of the loan related to the above criminal case, and even if the agent paid KRW 81 million to the Defendant after the enforcement agent, it is not a legitimate repayment between the Plaintiff and the Defendant, regardless of whether the unjust enrichment relation was established between the Plaintiff and the enforcement agent, and thus, the Defendant’s payment of KRW 40 million to the Defendant on June 1, 2010.

[2] Therefore, the plaintiff's assertion on this part is without merit.

3. If so, the plaintiff's claim should be accepted within the scope of the above recognition, and the remaining claims should be dismissed due to the lack of reasonable grounds.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

참조조문

-민사소송법 제420조

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