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(영문) 서울남부지방법원 2020.01.09 2019가단7314
부당이득금반환
Text

1. As to the Plaintiff KRW 57,164,383 and KRW 37,500,00 among them, the Defendant shall pay to the Plaintiff KRW 19,64,383.

Reasons

In light of the overall purport of each statement in Gap evidence Nos. 1 through 3, the fact that the defendant, while demanding the plaintiff to purchase and offer the plaintiff a benz car, received a total of KRW 37.5 million from the plaintiff on August 29, 2008, and KRW 37.5 million on September 4, 2008, while keeping the same, he/she voluntarily consumed and embezzled it from his/her living expenses in the Philippines, etc. from around that time to November 2008, and there is no counter-proof.

According to the above facts of recognition, the defendant, as a tort, has an obligation to pay damages of KRW 37.5 million from the date of tort of the defendant (the date of the final tort is deemed to be November 30, 2008) to the date of delivery of a copy of the complaint of this case (the date of the final tort shall be deemed to be July 30, 2019) by 5% per annum as stipulated in the Civil Act, among the damages for delay 20,008,561 won, the sum of KRW 19,64,383 won claimed by the plaintiff (the sum of KRW 37.5 million (the KRW 19,64,6383), and the damages for delay from the day following the date of the above determination to the date of 19,64,383 won (the sum of damages for delay shall be KRW 37.5% per annum from the day following the date of the original complaint of this case shall not be accepted from the date of delivery of a copy of the complaint of this case to the plaintiff's claim.

Thus, the plaintiff's claim of this case is legitimate within the above scope of recognition, and part of the claim is accepted and the remainder is dismissed.

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