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(영문) 대법원 2019.03.14 2018다267603

부당이득금

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

With respect to small claims, an appeal may be filed only when a judgment on whether or not a violation of the Constitution or a disposition is made or not, is unreasonable, or when a judgment contrary to the precedents of the Supreme Court is made.

As to the assertion in the grounds of appeal on the initial date of the damages for delay, the Defendant, as a malicious beneficiary, may be deemed to have a duty to pay legal interest to the Plaintiff after the occupancy date of unjust enrichment (see, e.g., Supreme Court Decision 2001Da61869, Nov. 14, 2003). In so determining, the lower court erred by misapprehending the precedent

subsection (b) of this section.

The remaining allegations in the grounds of appeal do not constitute one of the above grounds of appeal, and thus are not legitimate grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.