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(영문) 청주지방법원 2019.05.10 2019가단234

부당이득금반환

Text

1. The defendant shall be the plaintiff.

(a) KRW 43,54,400 and KRW 25,000 among them shall be from January 22, 2019 to KRW 16,55,927.

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. Judgment without holding any applicable legal argument (Article 208 (3) 1 of the Civil Procedure Act);

3. The ground for partial dismissal lies in the Plaintiff’s claim against the Defendant for payment of damages for delay calculated at the rate of 15% per annum from the day following the delivery of a copy of the instant complaint to the day of complete payment, as to the sum of 43,54,400 won, which is equivalent to the rent, from January 9, 2018 to April 8, 2019, from January 8, 2018 to the day of complete payment.

The defendant shall be liable without delay from the day following the date on which he/she receives a claim for performance of the amount of unjust enrichment equivalent to the rent for the period already incurred against the plaintiff. The day when a duplicate of the complaint of this case was served on the defendant on January 21, 2019. Since the day when a duplicate of the complaint of this case and the application for change of the cause of the claim were served on the defendant on March 20, 2019, the defendant shall be liable on the plaintiff 43,54,40 won per annum from January 9, 2018 to April 8, 2019, for damages incurred by the defendant to the plaintiff 43,54,570 won per annum from January 9, 208 to January 25, 2018 to 34,580,500 won per annum 96,500 to January 8, 2019 to 9, 2000 won per annum 9,5000 won per annum.

Therefore, we cannot accept the Plaintiff’s claim for damages in excess of the above recognized amount.