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(영문) 창원지방법원 통영지원 2017. 12. 14. 선고 2016가단26883 판결
부당이득금
Cases

2016 Ghana 26883 Undue profit

Plaintiff

Hanjin Industries Co., Ltd.

Defendant (Appointed Party)

Libera Co., Ltd.

Conclusion of Pleadings

November 23, 2017

Imposition of Judgment

December 14, 2017

Text

1. The promotion committee of the Defendant (Appointed Party) and the Appointed Party A regional housing association shall be jointly and severally held against the Plaintiff

(a) 149,038,140 won and the interest thereon shall be paid 6% per annum from October 14, 2017 to December 14, 2017, and 15% per annum from the next day to the date of full payment;

B. From September 1, 2017 to September 1, 2017, the amount calculated by applying the rate of KRW 15,400,000 per month to the date on which delivery is completed with respect to B, 1265.5 square meters and C, 1266 square meters and C, respectively.

2. The litigation costs shall be borne by the defendant (appointed parties) and the promotion committee of the regional housing association A;

3. Paragraph 1 can be provisionally executed.

Purport of claim

The text is as follows (However, the "service date" in the purport of the claim as of September 13, 2017 and the purport of the claim as of September 13, 2017 shall be deemed to be a clerical error on the following day.

Reasons

The facts constituting the grounds for the attachment are not administered by the Committee for Promotion of Regional Housing Association A and the Defendant (Appointed Party). As such, the Defendant (Appointed Party) is jointly and severally liable to pay the money indicated in the order to the Plaintiff on September 13, 2017. The Defendant (Appointed Party) changed the previous attitude on September 13, 2017, and recognized that the Plaintiff was liable to pay the full amount of the obligation alleged in the application for change of the purport of the claim and the cause of the claim. However, the Defendant (Appointed Party) did not make a statement of acceptance with the need for a negotiation with the Plaintiff for the reduction of the obligation or the deferment of the period of repayment. However, the Defendant (Appointed Party)

If so, the plaintiff's motion to the promotion committee of the regional housing association A by the defendant (appointed party) and the selected party is justified and it is so decided as per Disposition by the assent of all.

Judges

Justices Kim Il-il

Site of separate sheet

List of Appointeds

1. ELD Co., Ltd.;

2. A regional housing association promotion committee;

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

A person shall be appointed.

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