Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the judgment of the court of first instance, except for the addition of the 10th part of the second part of the judgment of the court of first instance to the 10th part of the judgment as the 10th part of the 10th part of the 10th part of the 10th part of the 2nd part of the 10th
2. Additional determination
A. The Plaintiff asserted that the Plaintiff remitted total of KRW 114,957,540 to the Defendant from March 14, 2007 to October 20, 2008.
The Defendant, who was the Defendant’s mother D (hereinafter referred to as “the deceased”) was unaware of the Plaintiff and received money under the name of hospital expenses for the Deceased without being hospitalized in the hospital.
The defendant received money from the plaintiff without any legal ground.
Therefore, the defendant should pay to the plaintiff 14,957,540 won and damages for delay as damages for tort or for restitution of unjust enrichment.
B. Each of the statements in Gap evidence Nos. 2, 5, and 7, which correspond to the plaintiff's assertion, was merely a conversation between the plaintiff and the defendant at the expiration of about ten years from the above remittance date, there is no objective material that can identify the details of the remittance of the above money, and there is no trace that the plaintiff demanded the defendant to return the above money even before the lawsuit of this case was filed, even if it is difficult to accept some of the defendant's assertion on the grounds that it is difficult to accept the defendant's assertion on the grounds of the transfer of the above money, the evidence alone submitted by the plaintiff, as above,
It is insufficient to recognize that the said money was remitted without any legal cause, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's above assertion is without merit.
3. Thus, the plaintiff's claim should be dismissed as it is reasonable.
The judgment of the first instance court with the same conclusion is justifiable, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.