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(영문) 서울남부지방법원 2018.08.14 2017가단252653
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion through the Defendant determined to invest KRW 100 million in the Dispute Resolution and the E-Coordination Co., Ltd., respectively, and remitted KRW 141 million to the Defendant’s account in the name of the Defendant, and KRW 50 million, respectively, to the E-Ind Co., Ltd., and the Defendant used the said money for any purpose other than the delegated content. As such, the Defendant is obliged to return the said money to the Plaintiff as unjust enrichment.

B. The defendant's argument that the plaintiff remitted 50 million won to the account in the name of the Dispute Resolution Co., Ltd. is unrelated to the defendant, and 141 million won that was remitted to the defendant's account in the name of the defendant was remitted to another account or used for the accident of stocks in accordance with the plaintiff's instruction, and there is no money used without the plaintiff's consent.

2. The Plaintiff, on July 11, 2016, remitted KRW 50 million to the account in the name of a national bank in the name of the Dispute Resolution Co., Ltd., and transferred KRW 70 million on July 14, 2016, and KRW 70 million on July 20, 2016 to the account in the name of the Defendant No. 1333, Jul. 2016, the fact that the Plaintiff transferred KRW 70,000,000 to the account in the name of the Defendant No. 1 is

However, there is insufficient evidence to acknowledge that the Defendant used the money that the Plaintiff received from the Plaintiff without permission for any purpose other than the designated purpose, and there is no other evidence to acknowledge it.

3. The plaintiff's claim is dismissed.

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