(영문) 서울중앙지방법원 2011. 4. 8. 선고 2010가소5173877 판결[부당이득금반환][미간행]
Korea Asset Management Corporation (Law Firm Won, Attorneys Yoon Jae-won et al., Counsel for the plaintiff-appellant)
Defendant (Attorney Choi Han-chul et al., Counsel for defendant-appellant)
March 25, 2011
1. The defendant shall pay to the plaintiff 13,684,79 won with 5% interest per annum from July 29, 2010 to April 8, 201, and 20% interest per annum from the next day to the day of full payment.
2. The plaintiff's remaining claims are dismissed.
3. Of the litigation costs, 30% is borne by the Plaintiff, and the remainder 70% is borne by the Defendant, respectively.
4. Paragraph 1 can be provisionally executed.
The defendant shall pay to the plaintiff 20,736,880 won and 16,421,750 won among them with 15% interest per annum from April 2, 2010 to the service date of a copy of the complaint of this case, and 20% interest per annum from the following day to the day of full payment.
It is reasonable to regard the scope of unjust enrichment by the Defendant’s unauthorized possession as the amount equivalent to the rent (the scope of unjust enrichment under the Civil Act does not apply to the scope of unjust enrichment under Article 72(1) of the State Property Act (see Supreme Court Decision 91Da42197 delivered on April 14, 192).
With respect to the amount of the adjusted loan fee from July 1, 2005 to December 31, 2008, the amount equivalent to the adjusted loan fee from July 1, 2005 to December 31, 2008 is recognized as unjust enrichment for the above period claimed by the Plaintiff, among the statement of the calculation of the indemnity from 1,2, and 3, the amount of the adjusted loan fee from 116
The claim for damages for delay shall be accepted from the next day of the delivery of a copy of the complaint of this case, which is the next day after the plaintiff demanded the return of unjust enrichment of this
Judges Lee Jeong-hee