beta
Text
1. The Defendant’s KRW 7,530,925 as well as the Plaintiff’s annual rate of 5% from August 4, 2017 to October 25, 2017.
Reasons
1. Basic facts
A. On December 1, 2001, the Plaintiff and the Defendant entrusted the Plaintiff with the management of the “F Point” in the “D Point E”, which was operated solely by the Defendant, and the Plaintiff concluded a management consignment agreement with the Plaintiff with the content of the remainder of profits, other than the above management profits, depending on the net profits of the above restaurants.
B. Around April 1, 2011, the Defendant filed a lawsuit against the Plaintiff for the return of unjust enrichment or the payment of accrued business income due to tort as the Daejeon District Court Branch of the Daejeon District Court Decision 2011Gahap1760, and the said court rendered a judgment dismissing the claim.
Therefore, in the Daejeon High Court Decision 2013Na7773, the Plaintiff appealed, and the Plaintiff appealed to offset the additional expenses for interest and the amount of installment savings paid for the Defendant as the automatic claim.
C. In the case of the foregoing agreed amount, the Daejeon High Court first recognized the obligation to pay to the Defendant the sum of KRW 175,959,681 and KRW 18,512,517 (the sum of the unlawful gains No. 1, 3,88) from January 3, 2012; the remainder of KRW 157,447,164 from November 20, 2014 to July 17, 2015; and the damages for delay calculated at the rate of 20% per annum from the following day to the date of full payment.
The above court acknowledged the existence of a claim for return of unjust enrichment amounting to KRW 86,321,023 against the defendant in relation to the plaintiff's counterclaim of offset, and acknowledged that part of the defendant's claim is damages caused by the plaintiff's intentional tort, and did not allow a offset defense. The court acknowledged the plaintiff's counterclaim of offset against the defendant's claim for return of unjust enrichment amounting to KRW 18,028,157 out of the defendant's claim for return of unjust enrichment amounting to KRW 15,483,420 (No. 15,483,420).
The above court is from January 3, 2012 to May 20, 2015 to the original claim for return of unjust enrichment by the Defendant.