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(영문) 서울중앙지방법원 2021.02.05 2019가단5277594

채무부존재확인 등

Text

1. The plaintiff is entitled to a mutual aid agreement as stated in paragraph 2 of the attached list with respect to traffic accidents listed in paragraph 1 of the attached list.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act concerning judgment by publication service.

3. The obligation to return unjust enrichment that was partially dismissed is an obligation for which the deadline is not specified, and is liable for delay in performance from the time of receipt of the claim for performance (Article 387(2) of the Civil Act). The Plaintiff sought performance to the Defendant prior to the filing of the instant lawsuit.

Since there is no evidence to determine a person, only the delay damages from the day after the complaint was served on the defendant shall be recognized.