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(영문) 수원지방법원 2019.08.16 2018가단23014
부당이득금반환
Text

1. The Defendant: (a) KRW 18,704,572 for the Plaintiff and 5% per annum for the period from November 22, 2018 to August 16, 2019; and (b).

Reasons

1.Recognition

A. On July 19, 2004, the Plaintiff married with the Defendant, resulting in one son (D, E) and living together, and divorced on April 15, 2016.

B. Even after being divorced from the Plaintiff, the Defendant arbitrarily used KRW 18,704,572 as shown in the separate sheet while managing the Plaintiff’s passbook.

(Reasons for Recognition: Facts without dispute, 1 to 5, 8, 1 to 4, 6, 7, and the purport of all pleadings)

2. According to the facts of recognition as to the plaintiff's cause of action, the defendant is obligated to pay to the plaintiff damages for delay at each rate of 12% per annum under the Civil Act from November 22, 2018 to August 16, 2019, which is the day following the delivery date of a copy of the complaint of this case, as requested by the plaintiff, and from the following day to August 16, 2019, which is the day of notification of the copy of the complaint of this case.

The plaintiff's remaining claims in excess of the above recognized amount are without merit.

3. The defendant's assertion asserts that since the defendant's payment of KRW 10,000,000 as part of the damages on March 28, 2019 is deposited, it shall be deducted.

However, in order for deposit to be effective, the provision of payment for all obligations and deposit for all obligations, and deposit for part of obligations does not take effect on that part (see Supreme Court Decision 2008Da51359, Oct. 29, 2009). Therefore, the defendant's above assertion is without merit.

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