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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 first instance court.
Reasons
1. The plaintiff's assertion
A. The defendant used the defendant's account to Form C, and C used it and committed it to the defendant, and the plaintiff misleads C as the defendant.
C On December 26, 2015, the Plaintiff stated that it does not have collateral security and seizure on a used motor vehicle number D's d't have to be used as a used motor vehicle. The Plaintiff, a mid-term d's horse, transferred the amount of KRW 17 million to the account under the name of the Defendant designated by C, but the amount of the said vehicle was set at KRW 21 million.
Therefore, the Defendant should compensate the Plaintiff for the damages of KRW 17 million caused by the Plaintiff’s act of having the Defendant use the Defendant’s account to C as above.
B. The defendant is entitled to the above A.
Since the money deposited as stated in the subsection has been repaid to the Plaintiff’s obligation, the amount of KRW 17 million in unjust enrichment must be returned to the Plaintiff.
2. Determination
A. First, there is no dispute between the parties as to the claim for damages, but there is a proximate causal relationship between the damages equivalent to KRW 17 million that the plaintiff was accused of, and thus, the plaintiff's allegation in this part is without merit.
B. Next, there is no dispute between the parties regarding the claim for return of unjust enrichment, and the fact that the plaintiff deposited KRW 17 million in the account under the name of the defendant. However, it is insufficient to recognize that the entries in the evidence No. 1, No. 2, and No. 5 are practically beneficial to the defendant. The plaintiff's assertion on this part is without merit, since there is no other evidence to acknowledge it.
3. Thus, the plaintiff's claim 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.