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(영문) 서울서부지방법원 2019.08.22 2019가단203302

손해배상 및 부당이득금반환

Text

1. As to KRW 150,427,811 among the Plaintiff and KRW 135,917,425 among the Plaintiff, the Defendant shall be annually from March 8, 2019 to May 31, 2019.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim(s) and “the changed cause of claim(s).”

2. Judgment to be rendered for the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act, and the defendant shall only submit a formal reply after being served with the duplicate of the complaint of this case, and did not appear on the date for pleading without submitting a specific reply, and therefore, it shall be deemed that the facts constituting the cause of the above claim have been led to confession under

3. Some dismissed parts of the Plaintiff asserted the damages for delay as stated in the purport of the claim in this case due to damages due to nonperformance and unjust enrichment, but the damages for delay and unjust enrichment claims due to nonperformance are all obligations for which the maturity date has not been fixed, and shall be liable for delay from the date following the date when the claim for performance was filed. Since there is no evidence to prove that the Plaintiff sought payment of each of the above amounts prior to the amendment of the lawsuit in this case (principal KRW 150,427,81, KRW 135,917,425) or the amendment of the purport of the claim, it is without merit.