beta
(영문) 서울북부지방법원 2018.07.17 2017가단134376

부당이득금

Text

1. The Defendant’s KRW 14,45,408 as well as 5% per annum from October 18, 2017 to July 17, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On April 24, 1996, the Plaintiff reported the marriage with the Defendant.

B. The Defendant filed a lawsuit against the Plaintiff, etc., including divorce and consolation money (Seoul Family Court 2013Dhap11386), and the Plaintiff filed a counterclaim against the Defendant (Seoul Family Court 2015Dhap755), and on January 28, 2016, the judgment was rendered that “the Plaintiff and the Defendant divorced from the Plaintiff, and the Plaintiff shall pay to the Defendant 50,000,000 won with consolation money, and the amount calculated by the rate of 20% per annum from January 15, 2014 to the day of full payment, and the amount calculated by the rate of 426,00,000 won per annum from January 15, 2014 to the day of full payment.”

(hereinafter “The first instance court related to the instant case.” Accordingly, the Plaintiff et al. appealed with respect to consolation money and division of property excluding divorce (Seoul High Court Decision 2016Reu240 (principal lawsuit), 2016Reu257 (Counterclaim)). On September 28, 2016, the part pertaining to division of property in the first instance judgment related to the instant case was changed to “the Plaintiff shall pay to the Defendant the amount of money calculated at the rate of 406 million won and 5% per annum from the day following the day when this judgment became final to the day when full payment is complete,” and the judgment dismissing the Plaintiff’s appeal regarding consolation money was pronounced.

(hereinafter referred to as “the instant appellate judgment”). After the final appeal by the original and the Defendant, etc. (Supreme Court Decision 2016Meu2602, Supreme Court Decision 2016Meu2619, Supreme Court Decision 2016Meu2619, Supreme Court Decision 2017 Decided February 23, 2017, the said judgment became final and conclusive on February 27, 2017.

The deposit amount (won) deposited on the deposit date, as alleged by the Plaintiff, is the interest on loans to be paid by the Defendant in the judgment of February 1, 2016 on March 7, 2016, on the loan interest of March 1, 200,000 in the judgment of March 7, 2016, on the loan interest of April 5, 2016, 3200 in the judgment of April 1, 2016, 4200 on the loan interest of May 9, 2016, 500 in the judgment of June 7, 2016, 600,000 interest on loans to be paid by the Defendant at the judgment of June 7, 2016, 500, 600,000 interest on loans to be paid by Defendant C on June 1, 14, 2016.