부당이득금반환
1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:
The defendant is against the plaintiff.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance, except for modification and addition as follows.
A total of KRW 1,257,801,853, as stated in attached Form 3, shall be amended to “a total of KRW 1,485,57,37,373 as stated in attached Table 3” in attached Forms 7-1 and 2 of the judgment of the court of first instance, and a list 22 of the judgment of the court of first instance shall be amended to “a list 3” of the judgment of the court of first instance.
7 pages 50 of the first instance judgment "A, 50, 56, 65 of the first instance judgment" shall be added to "A, 56, 55 of the first instance judgment."
The 14th to 12th of the 18th of the 14th instance judgment shall be amended as follows:
3. Expenses for management of affairs;
A. The gist of the Plaintiff’s assertion 1) Without any legal obligation under the attached Table 3, the Plaintiff disbursed total of KRW 1,485,537,373 as shown in the attached Table 3 list, and the Defendant paid KRW 697,489,89,890, which is a part of the Plaintiff, to the Plaintiff on December 30, 2015. (2) As to the principal of the above administrative expenses, KRW 1,485,537,37,373 of the principal of the administrative expenses, the Defendant received a claim from the Plaintiff for reimbursement of the administrative expenses from the Plaintiff on May 23, 2014 following the delivery of a copy of the instant complaint, which was partially repaid from May 23, 2014 to December 30, 2015, the damages for delay incurred from the payment of the expenses is the total of KRW 119,30,010,0
3) Therefore, KRW 697,489,89,890, which the Defendant repaid on December 30, 2015, was first appropriated for KRW 119,330,010, which had accrued up to that time in accordance with the legal doctrine on the appropriation of performance, and the remainder of KRW 578,159,880 (=697,489,890 - 119,330,010) is partly appropriated for the principal. Thus, the Defendant is obligated to pay to the Plaintiff the remaining principal amount of KRW 907,37,493 (=1,485,537,37,373 - 578,159,80) and damages for delay from December 31, 2015.