부당이득금반환
1. The Defendant’s KRW 57,018,300 as well as the Plaintiff’s KRW 20% per annum from January 23, 2015 to September 30, 2015.
1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap's evidence Nos. 1 through 6, the defendant was engaged in the business of selling fire doors supplied to the company while working as an employee of the plaintiff company and collecting the proceeds therefrom. The defendant collected KRW 7,500,000 from Es.S. Co., Ltd. which is the business partner on May 23, 2013 and kept them in custody, and used KRW 5,549,00 of the above amount for personal purpose, such as the repayment of the defendant's debt, etc., around that time, from April 2013 to November 2013, the defendant embezzled the above amount by arbitrarily using 57,018,300 won as stated in the separate sheet between the existing business partner and embezzled it, and the defendant was sentenced to imprisonment with prison labor of Incheon District Court Decision No. 2015,703,205,2015, Feb. 15, 2015>
According to the above facts of recognition, the defendant made unjust enrichment against the plaintiff. As such, the defendant is obligated to pay to the plaintiff damages for delay at the rate of 15% per annum as stipulated in Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which is the day following the delivery of the copy of the complaint filed by the plaintiff from January 23, 2015 to September 30, 2015, which is the day after the delivery of the copy of the complaint filed by the plaintiff, and from the next day to the day after full payment, the whole amendment by Presidential Decree No. 26553 to Presidential Decree No. 2653.
2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.