부당이득금
1. The defendant shall pay 432,511,000 won to the plaintiff and 15% per annum from September 9, 2017 to the day of complete payment.
1. The description of the grounds for the claim shall be as specified in the attached Form;
(However, the “creditor” is deemed to be the “Plaintiff”, and the “debtor” is deemed to be the “Defendant”.
2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).
3. The Plaintiff partially dismissed the claim for damages for delay by 5% per annum from January 12, 2016, where the sales contract was cancelled for unjust enrichment 432,51,000 won until September 8, 2017, the delivery date of a copy of the complaint in this case.
However, since the obligation to return unjust enrichment is a debt with no fixed deadline, the obligor is liable for delay only when he/she receives a request for performance.
(See Article 387(2) of the Civil Act. There is no evidence to prove that the Plaintiff filed a claim against the Defendant for return on the ground of unjust enrichment before the duplicate of the instant complaint is served on the Defendant.
Therefore, the Plaintiff’s claim for damages for delay is without merit.