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(영문) 인천지방법원 2020.08.19 2020가단6534

부당이득금반환

Text

1. The Defendants shall pay to the Plaintiff KRW 42,00,000 per annum from June 13, 2020 to the day of full payment.

Reasons

1. The description of the grounds for claim and the changed grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;

3. Some rejection parts of the Plaintiff claimed that the Defendants, co-inheritors, who are the deceased D’s children, pay 84 million won for unjust enrichment. However, since inheritance obligations are divided, the Plaintiff’s order to pay KRW 42 million for each Defendant’s share of inheritance (i.e., KRW 84 million x 1/2). The obligation for return of unjust enrichment is a debt with no fixed deadline, and is liable for delay from the following day after the notice of performance is received. As such, the Plaintiff’s claim that exceeds the above recognition scope is rejected.