logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.07.15 2020가합40187
구상금
Text

1. The defendant shall pay 20 million won to the plaintiff and 12% per annum from June 9, 2020 to the day of complete payment.

Reasons

1. On December 16, 2015, the Plaintiff: (a) borrowed KRW 200,000,00 from A (hereinafter “A”); (b) paid KRW 200,000,00 in total to the Defendant without legitimate authority to receive payment under the name of the Defendant from December 9, 2016 to March 8, 2017; (c) thereafter, the Seoul Southern District Court (hereinafter “D”) filed a lawsuit of claiming a loan, etc. based on subrogation of creditors; (d) paid KRW 200,000 to D Co., Ltd. (hereinafter “D”) with KRW 20,00,000 and KRW 30,00 in total from April 5, 2017 to March 8, 2017; and (d) paid KRW 200,000 to D; and (d) paid KRW 300,000 in total by public notice; and (e) the Defendant paid KRW 2030,250,2500.

3. The Plaintiff partially dismissed the part shall claim against the Defendant the return of unjust enrichment of KRW 259,232,230, which is the total amount of subrogated payment for D, and the payment of damages for delay calculated at the rate of 12% per annum from the day after the delivery of a copy of the instant complaint to the day of complete payment.

However, comprehensively taking account of the purport of the entire arguments, evidence Nos. 3 and 5, it is evident that the Plaintiff’s payment without any legal cause to the Defendant was 200,000,000, and the Plaintiff’s claim for reimbursement against the Defendant, and it is evident that the Plaintiff’s delivery of the claim and the application for modification of the cause of the claim, which was June 5, 2020, changed the subject matter of lawsuit by claiming restitution of unjust enrichment and delay damages against the Defendant.

Therefore, the claim of this case is the above 200,000,000 won and the copy of the application for modification of the purport of the claim of June 5, 2020.

arrow