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(영문) 서울중앙지방법원 2020.12.17 2020가합580212
부당이득금 등
Text

The defendant shall pay 235,790,830 won to the plaintiff and 35,000,000 won from May 7, 2020 to the day of full payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208(3)2, 150(3), and 150(1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the Defendant as having been delivered with the complaint of this case, and the Defendant was not present on the date for pleading, and therefore, deemed to have led to a confession of all the Plaintiff’s allegations.

3. On August 31, 2020, the Plaintiff filed a claim for damages for delay pursuant to the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of a copy of the complaint at the instant complaint, and extended the purport of the claim by seeking 235,790,830 won upon filing an application for modification of the purport of the claim. As such, with respect to KRW 200,790,830 (i.e., KRW 235,790,830 - KRW 35,000,000) (i.e., KRW 235,790 until August 31, 2020), the rate of damages for delay by 12% per annum under the Civil Act is applicable from September 1, 2020 following the date of service of the said application for modification.

Therefore, the part of the Plaintiff’s claim for damages for delay of KRW 200,790,830, which exceeds the above scope of recognition, is without merit.

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