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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 12, 2019, the Plaintiff received the word “the instant order of KRW 478,000 from a person who was unaware of his/her name,” and received the word “the instant order from a person who was unable to obtain a license to obtain a license to obtain a license to obtain a license to obtain a license to obtain a license.” On March 13, 2019, the Plaintiff transferred KRW 24 million to the Agricultural Cooperative Deposit Account in Defendant’s name and the New Bank Deposit Account in Korea, respectively.
[Reasons for Recognition] Unsatisfy, Gap 1 and 2 evidence, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion constitutes unjust enrichment that the Defendant acquired without any legal ground and thus, constitutes unjust enrichment, and thus, the Defendant shall return it to the Plaintiff.
B. The defendant's assertion is nothing more than 48 million won after receiving a request for money exchange from C and then exchanging it into Australia equivalent to this. Thus, the defendant cannot be deemed to have made unjust enrichment.
3. The determination system imposes an obligation to return money on an benefiting person based on the principle of fairness in a case where there is no legal ground for the benefiting person’s financial gain. However, in a case where the debtor uses the money acquired by deception from the victim for the repayment of his/her obligation to his/her creditor, unless there is any bad faith or gross negligence as to the fact that the money was acquired by deception in the receipt of such repayment, it is reasonable to
(See Supreme Court Decision 2006Da53733 Decided March 13, 2008). Such interpretation is basically attributable to the fact that a creditor received money by a separate cause, which is the repayment of an obligation, and as long as his/her claim has been extinguished due to such separate cause, it is deemed that there exists a legal cause for holding the money. Therefore, the money obtained by an obligor from a victim is against his/her creditor.