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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The party's assertion and judgment
A. (1) On January 15, 2010, the Plaintiff, who is the husband of the Defendant, demanded the Plaintiff to lend money to the Plaintiff on January 15, 2010 that the business fund should be needed to operate his business with the Defendant, and transferred the above amount to the above account on the same day. The Defendant unjust enrichment of the above KRW 50 million without any legal ground, and the Plaintiff claims the return of the above amount by asserting that the Plaintiff suffered losses equivalent to the above amount.
(2) The Defendant’s husband, who is the Defendant’s husband, as the conjunctive claim C.
On January 15, 2010, without the intent or ability to repay to the Plaintiff on January 15, 2010, by borrowing KRW 50 million from the Plaintiff and deceiving the Plaintiff and causing damages equivalent to the above money. At the time of borrowing the above money, the network C presented the apartment registry under the name of the Defendant. In so doing, the Defendant, despite being aware of the fact that the network C was bad credit, aided the network C by providing the above registry and one bank account so that the tort can be easily committed by the network C.
B. Determination - First, we examine the primary cause of action.
Although there is no direct legal relationship surrounding the money remitted by the Plaintiff to the account under the name of the Defendant between the Plaintiff and the Defendant, the Plaintiff transferred not only the money (based on the intention of the Plaintiff to pay the money under the contract to the network C, not by mistake or loss) but also the money at the request of the network C, and at the time of transfer, the Defendant exercised de facto control over the money transferred to the said account or remittance.
Inasmuch as it is difficult to deem that the above money was remitted to the above account in the name of the defendant, the defendant obtained unfair or substantial benefits in relation to the plaintiff.