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(영문) 서울중앙지방법원 2019.09.19 2018가단5128800

부당이득금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 11,385,00 and 5% per annum from August 14, 2013 to April 18, 2018.

Reasons

1. The indication of the claim is as shown in the Appendix of Claim;

(However, the “creditor” refers to the “Plaintiff”, “debtor” refers to the “Defendant,” respectively, and withdrawal of the lawsuit against Defendant D. 2. The judgment rendered by the confession party (Article 208(3)2 of the Civil Procedure Act). The Defendants only submitted a written objection against the payment order without stating the original copy of the payment order and without stating the substantial grounds for disputing the Plaintiff’s claim, and did not appear on the date for pleading after the submission of a written response, and thus, the Defendants were deemed to have led to the confession of all the Plaintiff’s assertion under Article 150 of the Civil Procedure Act.

However, pursuant to Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019), the statutory interest rate from June 1, 2019 is recognized as 12% per annum.