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(영문) 수원지방법원 안양지원 2017.01.25 2016가단112608

항공기 인도 등 청구의 소

Text

1. As to KRW 105,481,350 among the Plaintiff and KRW 2,00,000 among them, the Defendant shall start from September 14, 2016, and one of them shall be 103,481.

Reasons

1. The facts in the separate sheet of claim as to the cause of the claim do not conflict between the parties, or can be acknowledged by considering the whole purport of the pleadings as a whole in each of the statements in Gap evidence Nos. 1 to 4.

According to the above facts, the defendant is obligated to pay to the plaintiff 105,481,350 won (i.e., unjust enrichment of 2,00,000 won per aircraft rent of 94,870,000 won in arrears of 94,611,350 won in arrears of 94,870,000 won in arrears) and damages for delay from September 14, 2016, which is the day following the delivery date of the copy of the complaint of this case, for the remainder of 103,481,350 won in arrears, calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 16, 2016 to the day after the delivery date of the copy of the application for modification of the purport of this case.

(A) The plaintiff sought damages for delay from the day following the delivery date of a copy of the complaint on the total amount of the claim, but with respect to the part in which the claim is expanded, the damages for delay from the day after the copy of the application for modification of the claim in this case is served shall be recognized).

2. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.