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(영문) 대전지방법원 2019.01.09 2016가단215971
부당이득금
Text

1. The claim of this case is dismissed.

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

Reasons

The defendant has no dispute, as the plaintiff's mother, resides in California C.

On May 201, the Plaintiff resided in F (U.S. schools) by sending his/her father-child D (at that time 14 years of age) and E (at that time 12 years of age) to the Defendant’s home and had him/her attend the Defendant’s home.

The Plaintiff’s daughters returned from September 2, 2015.

The plaintiff asserted that the plaintiff's assertion of unjust enrichment claim is a summary of the plaintiff's assertion that he remitted USD 93,797 to the defendant as shown in the table below as school expenses of D and E. The defendant used USD 75,659.65 out of the transferred money from the plaintiff as school expenses.

In the end, the defendant received an excessive payment of USD 18,137.35, which is the difference, and without any legal cause, and thus, he should return it as unjust enrichment.

The aggregate of Semesters D / March 10, 2011 / March 10, 2012 / 20,558 9,2419,799 / September 10, 2012 / September 9, 2018, 2418 9, 24120, 1599 / September 10, 2013 / March 10, 2014 / 238,238 21, 156 / September 21, 2014 / September 11, 2015 / 2395 10, 23821, 73333, 950, 950, 793, 797, 100, 100, 100, 100, 97, 2014, which part of the tuition fees paid by the Defendant to the Plaintiff.

The Defendant stated the content of school expenses in the e-mail sent to the Plaintiff using the D’s e-mail account whenever he receives tuition fees, and the Plaintiff paid school expenses on the basis of this, and thus, the Defendant did not have received excessive school expenses from the Plaintiff.

Judgment

Even if examining the statements in Gap evidence 2 through Gap 26 and the fact-finding results on the US principal, it is insufficient to recognize that the defendant obtained profits without any legal cause by receiving excessive school expenses from the plaintiff, and there is no other evidence to acknowledge it.

In other words, the plaintiff is the defendant.

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