부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. From January 13, 2011 to June 13, 2013, the Plaintiff organized and operated a total of 30 units, KRW 50,000,000, and KRW 2,085,00 per month of the deposit amount, and the Defendant joined the 5 unit of the 5 unit.
B. On May 13, 201, the Plaintiff transferred KRW 40,800,000, and KRW 7,100,000 on May 16, 2011, and KRW 47,90,000 on a total, and KRW 37,90,000 on a former bank account under C’s name (Account Number: D).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The summary of the plaintiff's assertion 1) When the defendant was entitled to receive the fraternity, the plaintiff deducted the fraternity payment amount of 47,900,000 won in the name of C used by the defendant at the defendant's request. Since the defendant did not make the fraternity payment at all after paying the fraternity payment up to 25 times, the plaintiff sought the payment of the fraternity payment amount of 8,340,000 won (=2,085,000 won x 4 times) and delay damages to the defendant. 2) The defendant did not receive the fraternity payment from the plaintiff at all.
The C’s account claiming that the Plaintiff transferred the fraternity is not the Defendant’s account used.
B. In full view of the following circumstances acknowledged by the facts charged as above, the Defendant received the fraternity from the Plaintiff on May 13, 2011, even though it received the fraternity from the Plaintiff on May 13, 2011, it is recognized that the Plaintiff failed to pay KRW 8,340,000 for the fourth-time deposit except for the 25th deposit amount paid by the Plaintiff from the Defendant.
Therefore, as the Plaintiff seeks, the Defendant’s KRW 8,340,000 as well as the Plaintiff’s claim, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 28, 2017 to the day of full payment after the delivery of the original copy of the instant payment order.