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1. The Defendant’s KRW 107,532,066 for the Plaintiff and KRW 5% per annum from December 11, 2002 to July 13, 2012.
Reasons
1. Facts of recognition;
A. On December 11, 2002, the Plaintiff transferred KRW 193,000,000 to the Defendant’s account in the name of the Defendant C (Seodong Saemaul Treasury D; hereinafter “One Account”) upon the Defendant’s request for reimbursement on behalf of the Defendant.
B. The Defendant, on January 20, 200, remitted KRW 10,000,000 on January 20, 200, to each of the 23th,10,000,000 on the 27th of the same month, and withdrawn KRW 170,000,000 on the 27th of the same month, and opened and deposited the Seocho-dong Saemaul Depository Account (F; hereinafter “Second Account”) in the name of C.
Since then, from the second account, KRW 50,00,000 was withdrawn on February 7, 2003 and deposited again into the first account. On May 15, 2003, KRW 10,000,000 was respectively withdrawn on May 15, 2003, and KRW 110,000,000 was again deposited on May 20, 200, and KRW 15,000 was again deposited on June 16, 200, and KRW 5,000 was withdrawn on May 5, 200, respectively.
[Ground of Recognition] Facts without dispute, Gap evidence 1 through 3, Gap evidence 9-3, 14, 15, Eul evidence 2, 3, 6 through 8, 11, Eul evidence 9, 10, 12, and 13, each statement of evidence, witness G, and H's testimony, the purport of the whole pleadings
2. The person authorized to determine the cause of the claim shall deliver to the mandator any money or other things received in the course of the management of the entrusted affairs and the fruits received therefrom. If the mandatary consumes money to the mandator or money to be used for the benefit of the mandator, he shall also be paid to the mandator, and this shall also apply in cases where the mandatary received the money in advance from the mandator for the performance of his duties, and the same shall apply in cases where the mandatary received the money from the mandator in advance for the performance of duties. Thus, if there is any money remaining after being used in the performance of duties in the delegated expenses, the mandatary is liable to return it to the mandator, and the mandatary shall not refuse to return it unless he proves the amount and purpose of the expenses disbursed
Supreme Court on March 29, 2012