부당이득금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the witness of the fourth 14th e.g., “the witness of the court of first instance” among the grounds for the judgment of the court of first instance as “the witness of the court of first instance.”
2. In the first instance court, the Plaintiff filed a claim for restitution of unjust enrichment from the use of the instant materials without permission and the claim for restitution of unjust enrichment from the unlawful disposal of the instant materials against the Defendants. The court of first instance dismissed the claim for restitution of unjust enrichment among them, partly accepted the claim for restitution of unjust enrichment, and only the Defendants appealed against this claim, the scope of the judgment of this court is limited to the part of the claim for restitution of unjust enrichment.
3. Determination as to a claim for damages caused by a tort
A. As to the cause of the claim, the Plaintiff asserts that, since the Defendants arbitrarily disposed of part of the instant materials and additional materials without returning them, the Defendants are liable to pay the Plaintiff, the lessee of each of the instant materials or the Plaintiff, the assignee of claims for the said materials, the amount of damages incurred by the tort (i.e., the amount of KRW 156,215,500, the amount of the additional materials that was not returned KRW 50,655,00,000, which was the price of the non-returnable materials) and the delay damages therefrom.
In light of the above facts, the defendants are liable to compensate for damages arising from the above tort, since they suffered damages equivalent to KRW 135,766,250 in total amount of the unclaimed material cost for the triethyl, by arbitrarily disposing of part of the instant materials and additional materials owned by trix without returning them as shown in the attached list, as shown in the attached list. Accordingly, the defendants are liable to compensate for damages arising from the above tort. Accordingly, the plaintiff to whom the damage claim was transferred from triethyl was transferred.