(영문) 서울북부지방법원 2016.05.25 2015가단18807

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(영문) 서울북부지방법원 2016.05.25 2015가단18807

부당이득금 등

Text

1. Defendant B shall pay to the Plaintiff KRW 21.5 million and the interest rate of KRW 15% per annum from September 29, 2015 to the day of complete payment.

Reasons

Defendant B did not appear on the date of pleading even after being served with a lawful date notice of service by public notice, and did not submit a written reply.

Therefore, pursuant to Article 150(3) of the Civil Procedure Act, Defendant B shall be deemed to have led to the confession of the following facts alleged by the Plaintiff:

Defendant B said that the Plaintiff would be able to operate a fruit store with the 19th floor of F head office, and acquired KRW 21.5 million from the Plaintiff from March 25, 2008 to April 27, 2009.

Therefore, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from September 29, 2015 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

The Plaintiff filed a claim against the remaining Defendants, as prescribed in paragraph (1) of this Article, against Defendant C, the amount of KRW 13.4 million (13.1 million is remitted to Defendant C’s account and the remaining amount is paid in cash) and the amount of KRW 3.9 million was paid to Defendant D (spouse at the time of Defendant B’s spouse) with checks and cash, and KRW 2.0 million was paid to Defendant E’s account, and the Plaintiff sought payment of each of the above amounts to the remaining Defendants upon the claim for damages arising from joint tort or the claim for restitution of unjust enrichment.

According to Gap evidence Nos. 1 and 2, the plaintiff remitted the total amount of KRW 5 million to defendant C's account on March 25, 2008, and KRW 13.1 million on April 15, 2009, the plaintiff remitted KRW 200,000 to defendant E's account on April 23, 2009, and the fact that the plaintiff remitted KRW 3.5 million from the plaintiff's account on April 27, 2009 to the check is recognized, but the above defendants profits from the above money without any legal ground.

It is not sufficient to recognize that the defendant B participated in the illegal act, and there is no other evidence to recognize it.

Therefore, the Plaintiff’s remaining Defendants’ assertion is concerned.

참조조문

-민사소송법 제150조 제3항

-소송촉진 등에 관한 특례법

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