부당이득금
1. The Defendant’s KRW 35,00,000 as well as 5% per annum from October 14, 2018 to March 26, 2020 to the Plaintiff.
1. There is no dispute between the parties to the determination on the cause of the claim, or according to the overall purport of the statement and pleading by subparagraph 1, the Defendant, who did not make a stock investment, did not have any particular property or fixed income, and was thought to use the investment funds received from the Plaintiff as the private sports soil and entertainment expenses, and thus, even if the Plaintiff received the investment funds, even if it did not have the intent or ability to return the principal or to pay the profits promised by investing in the stocks, it may obtain the profits by 10% per day on October 10, 2018.
Therefore, the defendant is obligated to pay to the plaintiff 35 million won equivalent to the above fraud amount as damages caused by tort and damages for delay calculated by the ratio of 5% per annum as stipulated in the Civil Act from October 14, 2018 to March 26, 2020, the delivery date of a copy of the complaint in this case, as requested by the plaintiff, to March 26, 2020, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.