손해배상 등
1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:
The plaintiff 1.
1. A claim for return of unjust enrichment accrued from the payment of real estate resale marginal profits;
A. The Plaintiff’s assertion: (a) from around 2005, between the Plaintiff and the deceased, there was a delegation contract under which the deceased would purchase the above real estate and pay the proceeds therefrom to the Plaintiff; and (b) the deceased would have purchased several real estate after receiving KRW 70 million from the Plaintiff according to the delegation contract, and then sell them again and then pay KRW 356,720,000 to the Plaintiff for the total proceeds; (c) 98,000,000 from the Plaintiff. This was re-invested by the Plaintiff; (d) the deceased would have received KRW 169,30,000 (=620,000,000 - KRW 356,720,000 - KRW 300,000 - KRW 360,720,000 - KRW 970,000 for each of the above-mentioned illegal acts; and (e) the deceased would have not been used for the purpose of the deceased’s return of unjust profits to the Plaintiff.
(2) On December 26, 2006, Defendant C and the Deceased agreed to pay KRW 60,000,000 out of the above amount to the Plaintiff jointly and severally with the Deceased on December 26, 2006, and thus, Defendant C is obligated to pay KRW 60,00,000 out of the above KRW 169,30,000.
B. According to the judgment on the claim for payment of KRW 160,000,000 on the board, and the statement on the evidence No. 7, it can be acknowledged that the deceased and the defendant C agreed to jointly and severally pay KRW 60,000,000 for part of the purchase price of the Crossing-gun and two parcels purchased from the plaintiff through the performance angle on December 26, 2006. Thus, according to the above facts of recognition, the defendant C is guilty.