부당이득금
1. The Defendant: KRW 86,93,110 for the Plaintiff and KRW 5% per annum from December 23, 2016 to August 27, 2018; and
Examining the overall purport of the pleadings in each statement of evidence Nos. 1 through 6, the Plaintiff entrusted the Defendant with a stock transaction and entered shares held in the name of her mother in the shares account in the name of the Defendant on or around October 2016. The Plaintiff demanded the Defendant to return the consigned shares on or around December 15, 2016, but the Defendant requested the return of the consigned shares to the Defendant on or around December 22, 2016. However, it can be recognized that the Defendant sold all the consigned shares equivalent to KRW 86,93,110 and did not comply with the Plaintiff’s request for return.
According to the above facts of recognition, the defendant is obligated to pay damages to the plaintiff the amount equivalent to 86,93,110 won of the above entrusted shares as damages, and damages for delay calculated at the rate of 5% per annum under the Civil Act from December 23, 2016 to August 27, 2018, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
On the other hand, the defendant asserts that ① the plaintiff's entertainment expenses, etc. are offset against the plaintiff's claim for reimbursement related to the fact that the defendant paid the amount of the credit card under the name of the defendant, ② the claim for reimbursement related to the fact that the plaintiff used the credit card under the name of the defendant, ③ the defendant's damage claim due to the plaintiff's illegal investment advisory
However, the defendant's above, ①, ②, and ③ there is no evidence to prove the facts alleged, and the defendant's above assertion cannot be accepted.
Thus, the plaintiff's claim of this case is legitimate, and it is decided to accept it.