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(영문) 부산지방법원동부지원 2019.10.23 2019가단4658

부당이득금반환

Text

1. The Defendant’s KRW 120,000,000 as well as 15% per annum from April 10, 2019 to May 31, 2019 to the Plaintiff.

Reasons

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

(4) Article 150 of the Civil Procedure Act provides that “A creditor shall be deemed to be a “Plaintiff,” and “debtor” shall be deemed to be a “Defendant,” respectively. 2. Article 208(3)2 of the Civil Procedure Act provides that “A creditor shall be deemed to have presented the original copy of the payment order and a formal written objection.”

3. Under the main sentence of Article 3 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019; effective June 1, 2019); and Article 2 (2) of the Addenda of the same Act, only recognize damages for delay calculated at the rate of 12% per annum, which is the amended statutory interest rate, from June 1, 2019 to the date of full payment; and the exceeding part is dismissed.