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(영문) 대전지방법원 2021.02.25 2020가단115160
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On August 8, 2018, the Plaintiff and D, the father of the Defendant, entered into a monetary consumption lending contract with the intent to borrow KRW 130,000,000 by setting the time limit for repayment from C until October 15, 2018, with interest rate of KRW 12% per annum (hereinafter “the monetary consumption lending contract of this case”).

B. C remitted to the Defendant’s account KRW 13,00,000,000 on July 26, 2018, and KRW 10,000 on August 3, 2018.

(c)

In addition, according to C’s instructions, the Plaintiff remitted the Defendant’s account total of KRW 100,000,000 on August 8, 2018 and KRW 100,000,000 on August 9, 2018.

[Reasons for Recognition] Unsatisfy, Entry B in the Evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion appears to be 500,000 won out of the total amount of KRW 100,500,000 in the defendant's account according to C's order as to the transaction relation between C and the defendant's father D, who is the plaintiff's omission. The plaintiff also claims this.

the transfer was made.

Therefore, the defendant should pay 100,000,500 won and delayed damages to the plaintiff due to the return of unjust profits.

3. The following circumstances revealed by the overall purport of the above facts of recognition and changes, i.e., ① there was money transaction between C and his father D, the plaintiff, as the plaintiff's own assertion, and the plaintiff remitted money to the defendant's account according to C's instructions. ② The defendant's father D used his account while doing money transaction with C.

The following facts are consistently asserted: ③ the sum of KRW 123,00,000 paid by C to the Defendant’s account in the name of oneself and the Plaintiff is the amount similar to KRW 130,00,000 as the loan stipulated in the instant monetary consumption loan agreement between C and D; ④ the Plaintiff’s certificate of fairness in the instant monetary consumption loan agreement was prepared between C and D on August 8, 2018 where C and D had transferred money to the Defendant’s account.

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