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1. The judgment on the Defendant’s claim for unjust enrichment against the Plaintiff by Seoul East Eastern District Court 2013Gahap103924 is based on the judgment on the claim for unjust enrichment.
Reasons
1. Basic facts
A. The Defendant filed a lawsuit against the Plaintiff as Seoul Eastern District Court 2013Gahap103924, and on October 7, 2014, the said court rendered a favorable judgment against the Plaintiff that “The Defendant (A) shall pay to the Plaintiff (B) 130 million won and 20% interest per annum from September 5, 2013 to the date of complete payment.”
After that, the appeal and appeal against the above judgment were dismissed, and the above judgment became final and conclusive.
(hereinafter referred to as the “final judgment of this case”). B.
Based on the instant final judgment, the Defendant applied for a compulsory auction as Seoul Eastern District Court D with respect to No. 133, 402 of Gangdong-gu Seoul Metropolitan Government C Apartment owned by the Plaintiff, and received a decision to commence compulsory auction on September 15, 2015.
The defendant paid KRW 2,929,640 to the execution cost related to this.
C. For the execution of the final judgment of this case, the Defendant collected KRW 4,058,077, Jan. 9, 2015 from the Plaintiff’s deposit claim against the National Bank upon receipt of a seizure and collection order, and collected KRW 2,869,702, Jan. 13, 2015, respectively.
The Plaintiff deposited KRW 170,055,656 on March 2, 2016, and KRW 3,553,450 on June 24, 2016, respectively, for the repayment of obligations based on the final judgment of the instant case. The Defendant reserved an objection and received each of the said deposits around that time.
E. Meanwhile, on March 2, 2016, the Plaintiff: (a) on the grounds that the damages for delay from September 5, 2013 to March 2, 2016 based on the final judgment of the instant case (hereinafter “instant damages for delay”) constituted the Defendant’s other income; (b) Articles 127(1)6 and 127(1)1 of the Income Tax Act (limited to a person prescribed by Presidential Decree, such as a business operator, etc., in cases of a person who pays income under subparagraph 3) who pays income falling under any of the following to a resident or a nonresident in Korea, shall withhold income tax from such resident or nonresident pursuant to the provisions of this Section:
6. 14,213.