부당이득금
1. The defendant shall be the plaintiff.
(a) KRW 20,00,000 and interest rate of KRW 15% per annum from December 16, 2017 to the date of complete payment.
1. Facts of recognition;
A. During the period from March 1, 2014 to September 1, 2016, the Plaintiff leased the instant automobile listed in the separate sheet (hereinafter referred to as “instant automobile”) from C Co., Ltd., and paid all fees equivalent to KRW 1,436,60 per month during that period (total of KRW 44,528,706), and on September 1, 2016, the Plaintiff paid all of KRW 6,79,228 for the instant automobile, and completed the registration of transfer of ownership in the name of the Plaintiff on the instant automobile.
B. The Plaintiff: (a) temporarily lent the instant automobile to D; (b) around May 2014, D transferred the possession of the instant automobile to the Defendant, who was its obligee.
C. On November 21, 2016, the Plaintiff sent phone to the Defendant and known that the owner of the instant motor vehicle was himself/herself, but the Defendant refused to return the instant motor vehicle, and is still occupying and using the instant motor vehicle even on March 28, 2018, which was around the date of closing argument.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Gap evidence No. 8-1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts acknowledged prior to the judgment on the claim for the delivery of the instant automobile, the Plaintiff is the owner of the instant automobile, and the Defendant recognizes the possession of the instant automobile as the security of the claim against D, and the Defendant’s claim against D cannot be a legitimate title to possess the instant automobile. Therefore, the Defendant is obligated to deliver the instant automobile to the Plaintiff, the owner of the instant automobile.
B. The plaintiff of the 1st party's assertion as to the claim for return of unjust enrichment is one's own ownership, and the defendant has a duty to return unjust enrichment due to possession and use, while the defendant merely occupied the claim as security with D's creditor and used it.