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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to each of the statements in Gap evidence Nos. 3, 8, and 11, there is no dispute between the parties to the judgment as to the cause of the claim, or according to the purport of the entire pleadings, the defendant voluntarily withdraws KRW 10,000,000 from the plaintiff's account on June 8, 2012, and then returns KRW 5,000,000, and the remainder of KRW 5,000,000 shall be refunded. Thus, barring any special circumstance, the defendant is liable to pay to the plaintiff damages for delay at a rate of KRW 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 25, 2013 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order sought by the plaintiff.
2. Judgment on the defendant's argument of set-off
A. The defendant's assertion that the defendant is a shareholder with a 40% share of the plaintiff's share, and that the defendant offsets the plaintiff with a dividend claim in 2012.
B. However, Article 496 of the Civil Act prohibits a set-off against a claim for damages arising from an intentional tort. The purport of the same is to prevent the occurrence of a tort by intention, as well as to allow a set-off against a claim for damages arising from an intentional tort, from being paid damages to the person who committed the tort, if the set-off is permitted, there is no need to actually pay damages to the person who committed the tort. Moreover, the victim due to an intentional tort is not able to receive reimbursement due to the tortfeasor’s exercise of the set-off right by the tortfeasor. As such, it does not conform to the concept of social justice, thereby, to prevent the occurrence of
The right of set-off guaranteed by the law is not applicable to the obligor due to the intentional tort, and further, the damage claim and the claim for return of unjust enrichment are all established by the cause of unjust enrichment.