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.

1. Basic facts

A. The Plaintiff is a person who has operated a D gas station in Syang-si, and E is a person who has been in charge of managing business partners, collecting money, etc. while serving as a warden of D gas station until early December 2010.

B. On November 19, 2010, E transferred KRW 595,980 (hereinafter “instant money”) to K as the Defendant’s medical expenses through the smuggling account (Account Number I, hereinafter “instant account”) in the name of G (name prior to the Defendant’s husband: H) that he used at the request of F (name).

C. From August 6, 2010 to December 13, 2010, the Plaintiff filed a complaint under suspicion of occupational embezzlement, etc. on the ground that he/she arbitrarily consumeds KRW 266,381,000 of the Plaintiff’s oil price at several times from around several hundreds. The prosecutor of the Changwon District Prosecutors’ Office was a non-prosecution disposition of the suspension of indictment for the criminal facts, such as occupational embezzlement, of E, on February 7, 2011.

On February 26, 2014, the Plaintiff filed a lawsuit against K for the claim of return of unjust enrichment seeking payment of the instant money with the Busan District Court Decision 2014Da14296, but on March 5, 2015, the Plaintiff was sentenced to the dismissal judgment on the ground that “ even if the money in the instant account was embezzled, it is difficult to recognize that K had bad faith or gross negligence as to the embezzlement of E at the time when K was transferred the said money.” Accordingly, even though the Plaintiff appealed with the Busan District Court Decision 2015Na4778, the said judgment was dismissed and became final and conclusive.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 4, Eul 3, and the purport of the whole pleadings

2. The parties' assertion

A. A. Around December 14, 2010, E, an employee of the Plaintiff D Co., Ltd. embezzled the Plaintiff’s oil payment, etc., and then remitted KRW 595,980 to the account under the name of K, the operator of J Hospital, on November 19, 2010.

Accordingly, the defendant obtains a benefit equivalent to the amount of medical expenses and thereby is equivalent to the plaintiff's amount.