(영문) 서울고등법원 2017.05.12 2016나2035336

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(영문) 서울고등법원 2017.05.12 2016나2035336

부당이득금 등

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The court of first instance rejected the Plaintiff’s claim based on the following: (i) the Plaintiff’s claim for the return of interest on the excessive payment; (ii) the claim for return of the deposit amount; and (iii) the claim for return of unjust enrichment arising from non-payment.

Since the defendant appealed only to the part against which he lost, the party member's subject matter of adjudication is limited to ① interest on excess payment and ② claim for refund of deposit.

2. Basic facts

A. A. The deposit amount: The deposit amount of KRW 1.5 million from August 15, 2010 to September 19, 2012: The deposit amount of KRW 26,000,000,000,000,000,000,000,000,000,000,000,000 won for each month: The deposit amount of KRW 30,000,000,000,000,000,000,000 won for each month, including KRW 30,000,000,000,000,000,000,000 won for each month; and thus, the base amount for the deposit is KRW 30,00

(1200,000 wonx 25 times) Any interest rate of 300,000 won per month shall be added.

The State shall receive the fraternity money in the first month and shall not pay interest even after the receipt thereof.

Therefore, the c0,000,000 won is paid to the c0,000 won, and the 30,30,030,000 won is paid to the c0,000 won in November 2010, and the c0,60,000 won is paid to the c0,000 won in December 201, and the c0,000 won is added to the c0,000 won when the interest is paid later.

(1) The Plaintiff was a member of the fraternity with the following contents, which the Defendant operated (hereinafter “instant fraternity”).

(2) Although the Defendant’s husband E was registered as a joint representative director of D (hereinafter “D”) with the Plaintiff’s husband, the Plaintiff’s husband Eul was registered as a joint representative director, C in fact operated the said company independently. The Defendant remitted the investment money to D’s account from December 2, 2011 to April 2013.

B. The details of the Defendant’s lending and the Plaintiff’s lending and the Plaintiff’s repayment are as follows.

(1) The repayment method of loans shall be the principal and interest of the loan repayment date.

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