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(영문) 광주지방법원장흥지원 2013.06.25 2013가합32
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

As the cause of the instant claim, the Plaintiff received loans from the Defendant and repaid loans to the Defendant 58 times from around 1989 to around 2006. Among the funds that the Plaintiff repaid to the Defendant, the Plaintiff asserts that the Plaintiff had a duty to return unjust enrichment and delay damages to the Plaintiff by: (a) the amount that the Plaintiff had not actually received from the Defendant; (b) the amount that the Plaintiff had not received loans from the Defendant; and (c) the amount that the Plaintiff had already been repaid before the Plaintiff’s wife or the Plaintiff’s wife; (d) the amount that the Defendant voluntarily received credit card from the Defendant’s employee; and (e) the amount that the Plaintiff paid with the requested payment by using the Defendant’s credit card in the name of the Plaintiff; and (e) the amount that the Plaintiff received loans from the Defendant, even though the Plaintiff did not purchase the agricultural machinery; and (b) the sum was 620,939,734 causes, and (c) the Defendant, without any legal cause, obtained profits equivalent to the above amount; and therefore, (d) the Defendant is obligated to refund unjust enrichment.

However, each statement of Gap evidence Nos. 1 through 25 (including each number) submitted by the plaintiff alone is insufficient to recognize that the amount of money paid by the plaintiff to the defendant includes the same amount of money as alleged by the plaintiff, and there is no other evidence to recognize it. Thus, the plaintiff's assertion is without merit without examining the remaining points.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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