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(영문) 울산지방법원 2015.07.03 2015가단6974
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On April 9, 2013, the Plaintiff wired KRW 80 million to the deposit account in the Defendant’s name.

[Grounds for recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s major assertion (1) The Plaintiff remitted 80 million won to the Defendant by mistake.

(2) Since the defendant makes unjust enrichment of KRW 80 million, the defendant is obligated to pay the plaintiff 80 million and delay damages.

B. (1) There is no evidence to acknowledge that the Plaintiff transferred 80 million won to the Defendant “Error”.

(2) Rather, according to the facts without dispute, Eul evidence 1, Eul evidence 1, Eul evidence 2-2, Eul evidence 1, Eul evidence 3, Eul evidence 4-1 through 4, Eul evidence 6-1, Eul evidence 6-2, Eul evidence 7, and the whole purport of the pleadings, the plaintiff agreed to pay a certain amount of money to Eul, etc. during the process of concluding a construction contract with non-party B, etc. on land accommodation outside Seopo-si, Seopo-si, and giving, receiving, and settling the construction cost. The plaintiff remitted 10 million won to B on April 9, 2013 and remitted 80 million won to the defendant on the same day. The defendant lent 80 million won to B on March 29, 2013 prior to the above remittance. According to the above facts, according to the above facts, the plaintiff is presumed to have remitted 80 million won out of the amount to be paid to B during the process of giving and receiving the money with Eul.

3. The plaintiff's claim is dismissed as it is without merit.

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