2. Defendant A.

Attached Form

It is the same as the written application for modification of the complaint, claim and cause of claim.

Grounds for Recognition

(a) Defendant A: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) and the main sentence of paragraph (1) of the Civil Procedure Act);

B. Defendant B: The Plaintiff’s claim for the return of unjust enrichment against Defendant B in part of the judgment by public notice (Article 208(3)3 of the Civil Procedure Act) is null and void. Thus, Defendant B and Defendant A, the insured, jointly and severally, should return to the Plaintiff KRW 22,741,192 of the insurance money received according to the instant insurance contract.

However, as alleged by the Plaintiff, it is difficult to view that Defendant B is jointly and severally liable to return unjust enrichment to the Plaintiff solely on the ground that Defendant B is a contractor of the above insurance contract, and there is no ground to deem otherwise that Defendant B should jointly and severally return unjust enrichment to the Plaintiff. Therefore, the Plaintiff’s claim for return of unjust enrichment against Defendant B is groundless.

The Plaintiff shall claim partial damages for delay against Defendant A at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the day on which a copy of the complaint of this case is served.

The obligation to return unjust enrichment shall be liable for delay from the date following the receipt of a request for performance, as an obligation with no fixed deadline.

However, the Plaintiff filed a claim for restitution of unjust enrichment of KRW 22,740,261 in the instant complaint, and the Plaintiff expanded the scope of the claim for unjust enrichment of KRW 22,741,192 to KRW 22,741,192 through the instant claim and the application for modification of the cause of the claim.

With respect to the remainder of 931 won, except for KRW 22,740,261, which was sought by the complaint, the plaintiff shall return unjust enrichment to the defendant A prior to the date of service of the application for modification of the purport and cause of the claim.