beta
(영문) 부산지방법원 동부지원 2018.03.14 2017가단219623

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from December 9, 2017 to the date of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment without any ground (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Some of the dismissal parts of the Defendant’s obligation to return unjust enrichment is an obligation for which the deadline is not specified, and is liable for delay from the following day after receiving a claim for performance. However, there is no evidence to prove that the Plaintiff exercised the Defendant’s right to claim restitution of unjust enrichment before filing the instant lawsuit, and there is no evidence to prove that the Defendant, as a malicious beneficiary, anticipated that the instant sales contract will be rescinded at the time of receiving a brokerage commission. Thus, the part of the Defendant’s claim for delay from September 21, 201