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(영문) 의정부지방법원고양지원 2016.10.07 2015가합75933
부당이득금
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. After borrowing money from the Plaintiff C, etc., the Plaintiff asked the obligees to deliver money to repay the money, and paid the Defendant, who was an employee of the Plaintiff, a total of KRW 286,260,000, from January 2, 2010 to March 9, 2013.

Nevertheless, the Defendant only delivered KRW 2,785,382 to C, and the remainder KRW 283,474,618, which was arbitrarily consumed, is obligated to return the said KRW 283,474,618 to the Plaintiff as unjust enrichment.

B. Upon the request of the plaintiff, the defendant arranged that the plaintiff may borrow business funds, etc. from the defendant's will. After that, the defendant received interest and introduction fees on the loan from the plaintiff, and there was no delivery of money as a repayment for the principal of the loan claims.

2. Determination

A. According to the statements in Gap evidence Nos. 1 through 5, the Plaintiff deposited KRW 286,260,000 in the Defendant’s account from January 9, 2010 to March 9, 2013 (hereinafter “the instant money”).

B. However, the following circumstances are revealed in the statement of evidence and evidence Nos. 1 through 7, which shows the purport of the entire argument, i.e., the sum of the money deposited by the plaintiff to the defendant's account for a certain period, ii) the defendant's employee raised funds from the defendant's relative or will, as well as the defendant's employee, and there was a separate transactional relationship, such as lending funds directly to the plaintiff by the defendant himself while maintaining a personal-friendly relationship, and as such, there exists a considerable amount of money transferred from the defendant's account to the plaintiff's account during the same period at the time when the plaintiff deposited money to the defendant's account, and there is a very frequent transaction between them.

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