부당이득금
1. The Defendant’s KRW 69,880,300 among the Plaintiff and KRW 49,880,300 among them, shall be from October 31, 2014 to October 23, 2015.
1. Indication of claims: It shall be as shown in attached Form; and
2. Judgment on deemed confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).
3. Rejection part
A. In general, in case where property damage occurs due to a default of contractual obligation or a tort, etc., the parties' mental suffering shall be deemed to have been recovered by compensating for property damage. Thus, there are special circumstances that the compensation for property damage has sustained irrecoverable mental suffering, and only in case where the other party knew or could have known such circumstance, the consolation money for mental suffering may be recognized.
(See Supreme Court Decision 2005Da213, Mar. 24, 2005, etc.). The grounds alleged by the Plaintiff in the instant case alone do not constitute a special circumstance that the Plaintiff suffered an irrecoverable mental suffering due to the sole compensation of property damage.
B. The portion of the Plaintiff’s damages for delay exceeding 15% per annum, which exceeds 15% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015), is without merit.