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(영문) 대구지방법원 2015.08.28 2015나1619
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff asserted that the Plaintiff transferred KRW 5.8 million to the deposit account in the name of the Defendant to the Defendant’s community credit cooperative account, knowing the Defendant’s son’s son’s son’s son’s son’s son’s son

Therefore, the defendant is obligated to return 5.8 million won, which was unjust enrichment, to the plaintiff as above.

2. According to the purport of Gap’s evidence No. 1 and all pleadings, the Plaintiff’s transfer of KRW 5.8 million to the deposit account in the Defendant’s name on October 1, 2013.

However, according to the witness witness D's testimony and the whole purport of the pleading, at the time when the plaintiff remitted 5.8 million won as above, the above deposit account was used by D other than the defendant, and the plaintiff transferred money to the above deposit account was deemed to have been governed by D's intention.

In light of this, the facts acknowledged earlier alone are insufficient to deem that the Defendant received the above 5.8 million won remittance and benefiting without any legal cause, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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