Return of Unjust Enrichment

Whether it constitutes unjust enrichment

Article 35 of the National Tax Collection Act

2015Na7649 Fraudulent Gains

AA

Korea

May 27, 2015

June 12, 2015

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

the Gu Office's place of service and place of service

The judgment of the first instance is revoked. The defendant shall pay to the plaintiff 57,719,360 won with 5% interest per annum from August 9, 2011 to the delivery date of a copy of the complaint of this case, and 20% interest per annum from the next day to the day of full payment.

The grounds for the judgment of a party member are as stated in the reasoning of the judgment of the first instance court, except for the rejection of each of the evidence Nos. 7-1, 2, 8, and 9, which is insufficient to recognize the fact that the deposit of this case was due to mistake as additional evidence submitted in the trial, and therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.