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1. The defendant's claim against the plaintiff is filed for return of unjust enrichment by Seoul Southern District Court 2019 Ghana34874.
Reasons
1. According to the overall purport of the statements and arguments in the evidence Nos. 1 and 6, the Defendant filed a lawsuit claiming for “10 million won and damages for delay from August 12, 201,” with the purport that “1.5 million won, in the course of transferring KRW 1.5 million to the Plaintiff on August 12, 201, the Defendant filed a lawsuit against the Plaintiff on August 12, 201, with the Seoul Southern Southern District Court 2019Gau34874, and that “1....., in the course of transferring KRW 1.5 million to the Plaintiff on August 12, 2011, the Defendant received a decision on performance recommendation from the said court on May 8, 2019 and received a final and conclusive decision on performance recommendation.”
2. The parties’ assertion asserts that, on July 11, 201, the Plaintiff deposited KRW 10 million in the Defendant’s account by lending money to C under the Defendant’s name, and C repaid KRW 10 million to the Defendant’s account, and on August 12, 2011, the Defendant deposited KRW 10 million in the Plaintiff’s account separately lent to the Defendant on August 3, 2011 and KRW 1.5 million,5 million, which the Plaintiff separately lent to the Defendant on August 3, 2011.
In this regard, the defendant asserts that he remitted 10 million won paid by C to the plaintiff by mistake, and that he remitted 1.5 million won to the plaintiff by mistake.
3. Determination
A. Although the decision on performance recommendation has become final and conclusive and the res judicata does not take place, the restriction is not applied to a lawsuit of demurrer pursuant to the time limit of res judicata (Article 5-8(3) of the Trial of Small Claims Act). Therefore, in a lawsuit of demurrer, the determination of performance recommendation may be deliberated and determined on all the claims indicated in the decision on performance recommendation. In such a case, the burden of proof on the existence or establishment of the claim shall be borne by the obligee, i.e., the defendant in the lawsuit of objection.
B. As to whether the Defendant additionally paid KRW 10 million to the Plaintiff on August 12, 2011, the Defendant.