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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The summary of the Plaintiff’s assertion is between the Plaintiff and the Southern branch, and the Plaintiff was hospitalized from September 16, 2010 to March 22, 201, and at the time of receiving treatment due to acute extracting diseases, the Plaintiff’s deposit was withdrawn and paid for the Plaintiff’s hospital expenses.
① From May 31, 2010 to November 28, 2011, the amount remitted by the Defendant from the Plaintiff’s passbook to the Plaintiff’s passbook was KRW 50,820,178, however, the sum of KRW 28,359,636, whichever was 22,460,542 (=50,820,820,178 - 28,359,636). Of these, the Defendant unjust enrichmentd the difference of KRW 22,460,542 (=50,820,178 - 28,359,636).
② On March 8, 2011, the Defendant: (a) transferred KRW 5,00,000 from the Plaintiff’s passbook to J; and (b) took profits by receiving transfer of KRW 5,00,000 to the Defendant’s passbook immediately on the same day; (c) lent KRW 2,40,000 from the Plaintiff’s passbook to K on April 15, 201; and (d) received unjust enrichment by borrowing KRW 2,40,000 from the Plaintiff’s passbook to K.
③ Although the Defendant did not borrow KRW 13,00,000 from C for the Plaintiff, the Defendant, as if there were such facts, had the Plaintiff go to transfer the sum of KRW 12,00,500 to C, thereby causing damage to the Plaintiff and making unjust enrichment.
Therefore, the Defendant gains a total of KRW 41,861,042 (i.e., KRW 22,460,542 KRW 5,000,000 KRW 2,400,000) and the Plaintiff suffered a loss equivalent to the above amount. Therefore, the Defendant is obligated to return to the Plaintiff the amount of KRW 41,861,042 and damages for delay.
2. Determination
A. According to each of the evidence of evidence Nos. 1 through 3, and 7, the Plaintiff hospitalized in L Hospital, M Hospital, etc. from September 16, 2010 to February 19, 2011 due to acute extracting disease; KRW 5,00,000 to J on March 8, 2011; KRW 2,40,000 to K on April 15, 201; KRW 12,00,500 to C from March 17, 201 to August 18, 2014; and KRW 31,50 to May 31, 2010.