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(영문) 서울중앙지방법원 2018.01.23 2016가단5313840
임치금 반환 청구의소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is the wife of the defendant B, and the defendant C is the wife of the defendant B.

B. The Plaintiff: (a) 0.16. 16. 2,00,00; (b) 80,000 on February 10, 204; and (c) 1,980,00 on February 19, 204; (b) 7,180,000 on December 1, 204; and (c) 0.1,000 on December 1, 204; (d) 7,180,000 on June 1, 200; (e) 0.1,00 on April 21, 200, 200; and (e) 0.1,00 on May 10, 200, 200 on May 10, 2004; and (e) 1,000 on May 10, 2004; and (e) 1, 301.6.3

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 14 through 16, purport of the whole pleadings

2. The parties' assertion

A. The sum totaling KRW 7,180,00, and the sum totaling KRW 14,640,000 remitted to Defendant C is the money left to the Defendants, or the Defendants acquired unjust enrichment without any legal cause. Thus, each of the above amounts is sought to be returned.

B. The Plaintiff returned the Defendants in excess of the amount remitted to the Defendants.

3. Determination

A. In full view of the purport of the oral argument as to the amount remitted to Defendant B, Defendant B paid KRW 7,400,000,000 to Plaintiff D on August 23, 2007, and KRW 3,200,000 on August 18, 2008. In addition, the following circumstances recognized by each statement in the evidence Nos. 1 and 2 as to the amount remitted to Defendant B, which are difficult for the Plaintiff to conduct a bank transaction in its own name, namely, the Plaintiff was required to transfer the amount to the account of Defendant B, the husband of the E, and Defendant C, the husband of the E, and if necessary, used the money transferred to Defendant B as the Plaintiff’s account. The said money was paid to Defendant B D at the time of paying the said money to Defendant BD.

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