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(영문) 서울고등법원 2016.12.16 2016나2044729
임치금반환 등
Text

1. The plaintiff's appeal and the claim added in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the return of KRW 245,494,032 against the Defendant, and ② the claim for return of KRW 1,115,00,000 for the deposited money, and the first instance court dismissed the claim and rendered a judgment citing the claim.

Since the plaintiff appealed against the dismissal of the claim ① in the judgment of the court of first instance, this court shall judge only ① the claim and the claim for restitution of unjust enrichment added by the plaintiff in the trial.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that, on November 24, 2014, the Plaintiff lent KRW 245,494,032 to the Defendant or paid without any legal cause, the Defendant is obliged to pay the Plaintiff the amount of KRW 245,494,032 as the return of the loan or the return of unjust enrichment, and the delay damages therefor.

B. The fact that the Plaintiff paid KRW 245,494,032 to the Defendant on November 24, 2014 does not conflict between the parties. However, if the Plaintiff either lent the said money to the Defendant or paid it without any legal cause, the testimony of the witness D of the first instance trial alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the Plaintiff’s assertion is without merit.

3. Conclusion

A. The plaintiff's claim for return of the loan must be dismissed due to the lack of reasons. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed.

B. The plaintiff's claim for return of unjust enrichment which was selected by the court of appeal is without merit and thus dismissed.

C. It is so decided as per Disposition for more than one reason.

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