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(영문) 광주지방법원 2020.09.25 2019가단25818

부당이득금

Text

1. The defendant's KRW 5,530,000 and its 5% per annum from January 12, 2020 to September 25, 2020 to the plaintiff.

Reasons

1. Description of claims: To describe the cause of claims after the following modifications:

(However, “creditor” and “debtor” are “Defendant”; CD EF

2. Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The part to be partially dismissed (damage for delay) Plaintiff shall claim for the payment of damages for delay calculated at the rate of 12% per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

However, the plaintiff has partially reduced the amount of the claim while partially changing the cause of the claim after the filing of the lawsuit in this case. It is recognized that it is reasonable to dispute the existence or scope of the defendant's obligation to perform until September 25, 2020, which is the date of the decision in this case.

Therefore, from January 12, 2020 to September 25, 2020, which is the day following the delivery date of the duplicate of the complaint of this case, the claim for damages for delay calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The claim for damages for delay in excess is justified, and it is dismissed as it is without merit.