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1. The Plaintiff’s appeal against Defendant B and Defendant (Appointed Party) C is dismissed in entirety.
2. The appeal costs are assessed against the Plaintiff.
Reasons
Basic Facts
The plaintiff is the representative director of E (hereinafter referred to as the "E"), and the defendant B is a person who operates the manufacturing wholesale business of female clothes in the name of "G" from the Nam-gu Seoul Metropolitan City F, Y, and the defendant C is in a transaction with the defendant B.
On February 26, 2013, the Plaintiff remitted KRW 7,000,000 to Defendant B’s account, and KRW 1,000,000 to Defendant C’s name D’s name.
On March 3, 2013, the Plaintiff remitted KRW 90,500 to Defendant C’s account.
The Plaintiff filed a criminal charge of fraud with Defendant C by deceiving KRW 8,00,000, which was remitted to Defendant C to Defendant D’s account in the name of Defendant B and Selection, and KRW 90,000, which was remitted to Defendant C’s account in the name of Defendant C. However, Defendant C was subject to a disposition of suspicion on December 24, 2013 (Evidence of Evidence).
【Ground of recognition” without any dispute, Gap evidence Nos. 1, Eul evidence No. 13, and the purport of the whole pleading as to the plaintiff's cause of claim is unrelated to the business which the defendants and H have claimed, and the plaintiff has lent money to the defendants.
Preliminaryly, the Defendants are obliged to return each unjust enrichment to the Plaintiff, since the Defendants received the above money and received a benefit without any legal ground and inflicted losses on the Plaintiff.
The main point of the Defendants’ assertion is the amount of money deposited by Defendant B and Defendant C’s wife D from the Plaintiff upon the Plaintiff’s request is the amount of goods supplied and received by Defendant B and Defendant C to the Fari Korea Co., Ltd. (hereinafter “Sarisung Korea”).
The money that Defendant C received from the Plaintiff is the cost of transport of text messages necessary for the business promoted by the Plaintiff.
Judgment
In regard to the claim on loans, this paper examines whether the Plaintiff remitted the money (hereinafter “the money of this case”) to the Defendants, such as this case’s facts, to the Defendants.