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The plaintiff's conjunctive claim added in the plaintiff's appeal and trial is dismissed.
after the filing of an appeal.
Reasons
1. The plaintiff's assertion
A. The Plaintiff loaned KRW 40 million to the Defendant’s account by way of remitting KRW 30 million on November 17, 2010, and KRW 10 million on December 15, 2010, respectively, to the Defendant. As such, the Defendant is obligated to pay the Plaintiff KRW 40 million and its delay damages.
(State Claim). (b)
Even if the domestic lending relationship is not recognized, the defendant acquired the above money by depositing the above KRW 40 million into the defendant's account without any legal ground. Thus, the defendant is obligated to pay the plaintiff 40 million won and delay damages for the return of unjust enrichment.
(Preliminary Claim). 2. According to the evidence No. 1 of the judgment as to the main claim, the plaintiff's transfer of KRW 30 million to the account in the name of the defendant to the account in the name of the defendant on November 17, 2010, and KRW 15 million on December 15, 2010 is recognized, but there is no evidence to prove that the above transfer was caused by the plaintiff's lending relationship with the defendant. Thus, this part of the plaintiff's assertion is without merit.
(3) As seen earlier, the Plaintiff transferred KRW 40 million to the account held in the name of the Defendant, as to the conjunctive claim on March 2, 2008. However, inasmuch as the Plaintiff did not assert and prove the legal relationship causing remittance and its invalidity or revocation, the above circumstance alone does not readily conclude that the Defendant suffered damage equivalent to the above amount and obtained profit from the same amount. Thus, this part of the Plaintiff’s assertion cannot be accepted.
4. The conclusion is that the plaintiff's primary and conjunctive claims are all dismissed without merit. The judgment of the court of first instance that dismissed the plaintiff's primary claims is just, and the plaintiff's appeal is dismissed as it is without merit, and the plaintiff's supplementary claims are also added at the court of first instance.