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(영문) 서울남부지방법원 2015.04.23 2015나309
소개비반환
Text

1. The plaintiff's appeal and the plaintiff's selective claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion that: (a) on November 15, 2007, the plaintiff selectively delivered KRW 2 million to the defendant with respect to the land B in Seoul Special Metropolitan City, the defendant agreed to return the above money if the loan is not implemented; (b) the defendant is obligated to return the above money to the plaintiff; or (c) the defendant made unjust enrichment without any legal ground; and (d) the defendant is obligated to return the above amount of KRW 2 million in return for the above amount of money to the plaintiff; and (e) the defendant made unjust enrichment without a legal ground. Therefore, the defendant is obligated to return the amount of KRW 2 million in return to the plaintiff.

B. On November 15, 2007, the fact that the Plaintiff remitted KRW 2 million to the Defendant on November 15, 2007 is not a dispute between the parties, but the entries in subparagraphs A and 9 (including the serial number) alone, which the Plaintiff remitted to the Defendant, was subject to the execution of the loan.

In the event that a loan or loan is not carried out, it is insufficient to recognize that the money agreed to be returned is the money, and it is difficult to deem that the defendant unjust enrichment of the above two million won without any legal ground, and there is no other evidence to acknowledge this otherwise, the plaintiff's assertion is without merit.

2. If so, all of the plaintiff's claims of this case are dismissed as they are without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed, and the plaintiff's selective claims added in the trial are also dismissed. It is so decided as per Disposition.

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