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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts that, in addition to the transfer of KRW 29,958,00 from C to the Defendant’s account under the name of the Defendant, the Defendant was not paid KRW 5,90,000 for the freight transport cost by C. As the Defendant illegally lent the above passbook to C, the Plaintiff is obliged to pay the Plaintiff the amount stated in the purport of the claim due to compensation for damages caused by tort or return of unjust enrichment.
In light of the above, even if all of the evidence presented by the plaintiff were examined, it is insufficient to recognize that the defendant committed a tort due to the public bid with C, etc. according to the plaintiff's assertion, and there is no other evidence to acknowledge it, and therefore, the claim for damages arising therefrom is
Furthermore, in a case where the unjust enrichment of the benefiting party does not have any legal ground, the unjust enrichment system imposes an obligation to return it on the benefiting party on the basis of the principle of equity and justice, and thus, if the benefiting party does not have any substantial benefit reverted to the benefiting party, the obligation to return it cannot be imposed (see, e.g., Supreme Court Decision 2010Da37325, 3732, Sept. 8, 201). Since no evidence exists to deem that the money deposited into the Defendant’s account was actually attributed to the Defendant
2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.