부당이득금
1. The Defendant shall pay to the Plaintiff KRW 116,34,045 and the interest rate of KRW 12% per annum from July 4, 2019 to the day of complete payment.
1. In full view of the purport of the entire pleadings as to the evidence No. 1 of the facts of recognition, the plaintiff filed a lawsuit against the defendant as this court 2007da78451, and on June 10, 2009, the appellate court rendered a judgment that "the defendant shall pay the plaintiff 36,280,000 won with 5% interest per annum from September 8, 2007 to August 20, 2008, and 20% interest per annum from the next day to the day of full payment." The appellate court's judgment became final and conclusive on September 26, 2008.
2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 16,34,045 won (=the damages for delay calculated by 5% per annum from September 8, 2007 to August 20, 2008 with respect to the above principal amount of KRW 1,726,348 as to damages for delay calculated by 20% per annum from August 21, 2008 to June 7, 2019) and the damages for delay calculated by 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 4, 2019 to the day of full payment, as sought by the plaintiff.
In this regard, the defendant asserts that the delay damages should be added again to the delay damages. However, the delay damages calculated from September 8, 2007 to June 7, 2019, which was the date of the application for the payment order of this case, constitute the fixed delay damages, and is liable for delay from the time of receiving the request for payment of the fixed delay damages. It is obvious in the record that the original copy of the payment order of this case claiming the principal and the delay damages was served to the defendant as of July 3, 2019. Thus, the defendant is liable for delay as well as for the determined delay damages from the day after the original copy of the payment order of this case was served to the defendant.
Therefore, the defendant's above assertion is not accepted.
3. Thus, the plaintiff's claim of this case is reasonable.