(영문) 의정부지방법원 2016.01.21 2014가단31738

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(영문) 의정부지방법원 2016.01.21 2014가단31738

사취금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was paid KRW 62,537,480 on July 15, 201, and KRW 25,014,990 on September 6, 201 by the council for compensation of persons who performed special military missions, respectively.

B. The Plaintiff’s payment received as above to the Defendant amounting to KRW 47 million on July 15, 201, and the same year

9.6.25 million won was paid.

C. On October 24, 2011, the Defendant entered into a rental agreement with the Government-si C 304, which forms a rental deposit of KRW 60 million, and paid the card price, etc.

[Reasons for Recognition] Unsatisfy, Gap's 2, 3 evidence, Eul's 2 evidence (including branch numbers), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the plaintiff's assertion (1) The defendant used to rent a room to live together with the plaintiff even though he did not have a mind to live together with the plaintiff. (2) The plaintiff donated the above money to the defendant on the condition that the defendant would live together with the plaintiff. Since the defendant did not comply with the above conditions, the plaintiff cancelled the above donation and sought the return of the said money by restitution.

B. The evidence submitted by the Plaintiff alone was insufficient to deem that the Defendant deceivings the Plaintiff.

It is insufficient to recognize that the Plaintiff’s payment of money to the Defendant on the condition that the Defendant would live together with the Defendant, and there is no other evidence, and instead, in full view of the purport of the entire pleadings in the written evidence Nos. 4 through 6, and No. 1, the Plaintiff filed a complaint with the Defendant with the purport that the Defendant, by deceiving the Plaintiff and deceiving the Plaintiff KRW 72 million, but the said court found the Defendant not guilty on September 15, 2015 on the ground that it is not recognized that the Defendant deceiving the Plaintiff on September 15, 2015.

Therefore, the plaintiff's above assertion is without merit.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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