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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 reasons why this court should explain the above part of the facts of recognition are the same as the entry of "1. Facts of recognition" among the reasons of the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure
2. The parties' assertion and judgment
A. The plaintiff's assertion 1) The defendant is obligated to return the above amount to the plaintiff as unjust enrichment, since he received the sum of KRW 48,500,000 embezzled by C to the account in the defendant's name.
B) The Defendant lent the account in the name of the Defendant to C for use, thereby aiding and abetting the Plaintiff’s embezzlement. Therefore, the Defendant is obliged to compensate the Plaintiff for damages equivalent to the amount of the above embezzlement incurred by the Plaintiff due to the tort. 2) The Defendant’s assertion that the Defendant opened the account upon the request of the mother’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s father’s mother’s
B. 1) Determination of whether a claim for return of unjust enrichment is made or not, in a case where the benefiting of the benefiting party did not have any legal cause, the unjust enrichment system imposes an obligation of return on the benefiting party on the basis of the principle of fairness and justice. However, if the benefiting party did not have any substantial cause,
(2) According to the reasoning of the lower court’s judgment, the lower court determined that: (a) the Plaintiff transferred KRW 48,500,000 from July 13, 2017 to January 22, 2018 to the H account in the name of the Defendant; (b) the Plaintiff transferred KRW 48,50,000,00 from the account in the name of the Defendant to the H account in the name of the Defendant; and (c) based on the Plaintiff’s entry in the evidence Nos. 11 to 13 and the results of the first instance court’s order to submit financial information on the Khdong Branch’s Chapter in the name of the Defendant and the first instance court’s order to submit financial information on the Khdong Branch’s Chapter in the name of the Defendant to the K Tdong Branch’s account on November 14, 2017; and (d) the account transfer and the account transfer from the Defendant on the same date.