부당이득금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. G, who worked as an employee of the Plaintiff’s assertion, has embezzled KRW 731,20,000 for the Plaintiff’s funds, and remitted KRW 106,526,450 to Defendant B, KRW 2,409,970 to Defendant C, KRW 11,941,80 to Defendant E, KRW 89,00 to Defendant E, and KRW 5,185,00 to Defendant F without any legal ground. The Defendants obtained profits equivalent to each of the above amounts, and thereby incurred damages equivalent to the above amounts.
Therefore, the Defendants are obliged to pay each of the above amounts and damages for delay to the Plaintiff upon the return of unjust enrichment.
2. Determination
A. The relevant legal doctrine system imposes an obligation to return money on a benefiting person based on the principle of fairness and justice in cases where the benefiting person’s property gains lack of legal cause. However, in cases where the debtor uses the money embezzled by the victim to repay his/her obligation to his/her creditor, it is reasonable to view that the creditor’s acquisition of money constitutes a legal cause in relation to the victim, unless there is any bad faith or gross negligence as to the fact that the money was embezzled while the creditor receives repayment. The same legal doctrine should apply to cases where the debtor donates the money embezzled
(see, e.g., Supreme Court Decision 2011Da74246, Jan. 12, 2012). B.
In a specific judgment, the following facts are established: ① (a) G has embezzled KRW 731,20,000 of the Plaintiff’s funds in the Daegu District Court’s Ansan Branch: (b) was sentenced to imprisonment for 7 years; and (c) currently pending trial in the appellate trial after having been appealed; (b) the amount of money was transferred from G to each of the Defendant’s savings accounts; (c) G and Defendant B are married; (d) Defendant C and Defendant C are their children; and (e) Defendant F is the birth of Defendant E, based on the overall purport of the pleadings in the evidence Nos. 1 through 5.