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(영문) 서울남부지방법원 2017.09.08 2017가단207035

부당이득금

Text

1. The Defendant’s KRW 51,515,022 as well as the Plaintiff’s annual rate of 5% from August 15, 2016 to September 8, 2017.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act.

3. The judgment on the dismissed portion claimed for the payment of damages for delay in accordance with the commercial interest rate until the delivery date of a duplicate of the complaint of this case. However, the "debt arising from commercial activity" to which the commercial interest rate of Article 54 of the Commercial Act applies includes not only the obligation directly arising from commercial activity but also the obligation identical thereto or the obligation recognized as the transformation thereof. However, the above obligation to return unjust enrichment owed by the defendant to the plaintiff is merely the legal obligation arising from the statutory provisions, and it cannot be deemed as the obligation identical to the obligation arising from commercial activity or as the modified obligation. Thus, the legal interest rate of commercial activity under Article 54 of the Commercial Act cannot be applied to the damages for delay. Thus, the above part of the claim

Therefore, the part of the claim for damages for delay shall be accepted only in the part recognized in the text.