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Reasons
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(영문) 대전지방법원 2019.09.04 2019가단9559
부당이득금반환
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is the representative of D Co., Ltd. running the business of "C".

B. On July 24, 2017, the Plaintiff entered into a national sales contract with the Defendant with a total amount of KRW 100 million.

The Plaintiff remitted to E account designated by the Defendant KRW 5 million on July 27, 2015, KRW 10 million on August 11, 2015, KRW 12 million on August 18, 2015, KRW 30 million on August 18, 2015, and KRW 30 million on August 25, 2015.

C. On August 31, 2015, the Plaintiff transferred KRW 4 million to E account designated by the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 and 7

2. Determination as to the cause of action

A. The plaintiff's assertion asserts that the defendant, although the defendant did not have the ability or intent to transfer the technology, deceiving the plaintiff by deceiving the plaintiff and deceiving the plaintiff, and lending the amount of KRW 30 million to the defendant, and thus, the plaintiff must pay the amount of KRW 4 million.

B. Determination 1) First of all, there is no evidence to prove that the Defendant deceivings the Plaintiff and the evidence submitted by the Plaintiff alone, and rather, according to the evidence Eul evidence No. 6, the Plaintiff filed a complaint against the Defendant in relation to this part as fraud, but the Defendant was subject to a disposition taken by the Suwon District Court of Suwon District on June 28, 2018 by the Defendant. Therefore, the Plaintiff’s assertion is without merit. 2) If the Plaintiff was to have lent KRW 4 million to the Defendant due to a loan for consumption, then the Plaintiff’s intent should be satisfied at the time of the payment of the money to the loan for consumption, and if the other party contests the cause of receiving and receiving money, the other party bears the burden of proving that it was received due to the loan for consumption.

However, the plaintiff argues that he lent 4 million won to the defendant, but has not disclosed the contents of a loan for consumption such as due date and interest.

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