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1. The Defendant’s KRW 7,100,000 as well as annual 5% from June 27, 2015 to October 26, 2016 to the Plaintiff.
Reasons
1. Requests for return of unjust enrichment related to capital gains tax;
A. On December 29, 2009, while the defendant was in charge of the management of the funds of the plaintiff clan as the general member of the plaintiff clan, he voluntarily withdraws KRW 100,000 which the plaintiff clan deposited in the passbook in the name of the plaintiff clan to pay for the second portion of capital gains tax, and voluntarily lends it to C, and received KRW 32,00,000 as a total of KRW 132,00,000, and 111,110 after deducting the capital gains tax paid by the defendant from KRW 132,00,00,000, and thus, he is obligated to return the remaining KRW 20,88,898,890 (=132,00,000 - 111,111,110,00).
B. Therefore, the so-called operating profit remaining by the beneficiary using the unjust property with his own effort, etc. shall be deducted within the scope of the benefits to be returned by the beneficiary, unless it is within the extent that the beneficiary would have acquired the unjust property as a matter of course, even though it did not interfere with the act of the beneficiary (see Supreme Court Decision 94Da25551 delivered on May 12, 1995). The amount equivalent to the interest on the loan claimed by the plaintiff shall be deducted within the scope of the benefits to be returned by the beneficiary, unless there is any evidence that the defendant, as a matter of course, has to be recognized that the profit was derived from the loan of the KRW 100 million to C at a high interest rate of KRW 100,000 as a matter of course, such profit shall be deemed to have been derived from the above defendant's efforts
In addition, comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 7, 8, 32, 33 and Eul evidence Nos. 3 (including branch numbers), the plaintiff deposited KRW 11,11,100,000 on December 23, 2009 in the ordinary deposit passbook under the plaintiff's name for the payment of KRW 11,11,11,10,000, and the defendant embezzled KRW 100,000 on his own loan to C at his own discretion.