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(영문) 창원지방법원 2015.08.28 2015가단5982
부당이득금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 25,00,000 won and 5% per annum from January 28, 2015 to August 28, 2015.

Reasons

1. Facts of recognition;

A. The Defendants are members of Busan Port Trade Union.

B. On June 14, 2012, the Plaintiff heard that he was employed as a member of the Busan Port Trade Union, and paid KRW 25,000,000 to Defendant B via Defendant C.

C. After that, until November 30, 2014, the Defendants: (a) decided to fully return KRW 25,000,000 paid to the Plaintiff when employment was not made to the Busan Port Trade Union; and (b) drafted a written statement to the effect that the said money is not returned to the Plaintiff; and (c) the Defendants were liable for civil and criminal liability if the said money is not returned.

However, the plaintiff was not employed by the Busan Port Trade Union until the date of closing the argument, and did not receive the above money from the defendants.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. According to the above fact-finding, it is reasonable to view that the Defendants agreed to jointly and severally return KRW 25,000,000 that the Plaintiff received to the Plaintiff when the Plaintiff was not employed by the Busan Port Trade Union until November 30, 2014.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at each rate of 5% per annum under the Civil Act from January 28, 2015, which is the day following the day when the original copy of the instant payment order was served on Defendant C pursuant to Article 416 of the Civil Act, which provides for the absolute effect of demanding performance in relation to joint and several liability relations, until August 28, 2015, which is reasonable for Defendant C to dispute as to the existence and scope of such obligation, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day until the day when the original copy of the instant payment order was served on Defendant C.

The Plaintiff claimed damages for delay calculated at a rate of 6% per annum from June 15, 2012 to the delivery date of the original copy of the instant payment order from June 15, 2012, but the said claimant appears to be a contractual deposit or unjust enrichment, and the interest rate of 6% per annum under the Commercial Act.

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