손해배상(기)
1. Defendant B shall pay to the Plaintiff KRW 200,000,000 and the interest rate of KRW 15% per annum from April 5, 2017 to the date of full payment.
1. The plaintiff filed a claim against the defendant B, on May 30, 2007, remitted 200,000,000 won to D Co., Ltd. (hereinafter "D"). The defendant B, as the representative director of D, claimed that he arbitrarily consumed the above money to the plaintiff and embezzled it without returning it, although he had been in the position of keeping the above money for the plaintiff, as the representative director of D, under the good faith principle. The defendant B's confession pursuant to Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act.
Therefore, Defendant B is obligated to pay to the Plaintiff damages for the tort amounting to KRW 200,00,000 and damages for delay calculated at the rate of 15% per annum from April 5, 2017 to the day of full payment, as the Plaintiff seeks.
2. Claim against Defendant C
A. The plaintiff asserts that the defendant C also embezzled the above money by arbitrarily consuming it with the defendant B even though he was in the status of keeping it by mistake for the plaintiff.
According to the evidence No. 2, although Defendant C was in office as an auditor at the time when the above money was remitted, it is not sufficient to recognize that Defendant C was in the position of a person who keeps the above money for the Plaintiff, and there is no other evidence to acknowledge it.
In addition, there is no evidence to prove that Defendant C has arbitrarily consumed the above money in collaboration with Defendant C.
Therefore, the plaintiff's above assertion is without merit.
B. The plaintiff claiming the return of unjust enrichment is obligated to return the amount equivalent to the above amount to the plaintiff as unjust enrichment, since the defendant C obtained benefits equivalent to the above amount without any legal grounds by arbitrarily consuming the above amount with the defendant C, and suffered losses to the plaintiff.