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1. The Defendant shall pay 508,007 won to the Plaintiff and 15% per annum from March 29, 2018 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On February 12, 2015, the Plaintiff sold 67,000,000 won to D land in Gyeonggi Kimpo-si, which is its possession. The Plaintiff’s agent E received 54,000,000 won from D on March 17, 2015 and delivered it to the Defendant, who is the Plaintiff’s nursing.
B. The Defendant deposited and kept the said money in his own account, and the Plaintiff filed a criminal complaint against the Defendant that embezzled the said money. On December 29, 2017, the Defendant was subject to the Seoul Central District Prosecutors’ Office’ Office’ Office’ disposition that there was no suspicion of insufficient evidence.
C. Upon filing the instant lawsuit, the Defendant deposited KRW 50,000,000 on August 26, 2016, and KRW 1,860,720 on December 13, 2016, respectively.
[Recognition] Facts without dispute, Gap 1-4 evidence, Eul 1, 4, 6, 7 evidence, the purport of the whole pleadings
2. Judgment on the ground of the Plaintiff’s claim
A. According to the above facts, the Defendant is obligated to pay the Plaintiff KRW 2,139,280 (=54,00,000 - KRW 50,000,000 - KRW 1,860,720), barring any special circumstances.
B. The plaintiff's assertion 1) The defendant filed a claim for return of unjust enrichment equivalent to bank interest 54,00,000 won in the plaintiff's regular deposit account in the defendant's name and sought return of 508,007 won in total interest. 2) In the case of the return of unjust enrichment, the scope of the profit to be returned by the beneficiary is limited to the scope of the loss suffered by the victim. The loss is equivalent to the profit expected to be ordinarily enjoyed from the property in light of social norms. In the case of the so-called operating profit obtained by the beneficiary's involvement in the act of the beneficiary of unjust enrichment, even if it was not involved by the beneficiary's act, it includes the scope of the profit to be returned to the extent that the loss was ordinarily acquired from the property in question.