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(영문) 의정부지방법원 2015.03.04 2014가합10561
매매대금반환
Text

1. The defendant shall pay to the plaintiff 450,000,000 won with 5% per annum as of February 17, 2015, and with full payment from the following day.

Reasons

1. Grounds for request: To be stated in attached Form; and

(However, “creditor” and “debtor” are the Plaintiff, and “Defendant”. 2. Applicable provisions of Acts: Decision by public notice (Article 208(3)3 of the Civil Procedure Act)

3. The scope of return of unjust enrichment is that the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 50,000,000 won per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment, which is the delivery date of the duplicate of the application for the payment order in this case that the Defendant is considered as the malicious beneficiary.

[Plaintiff's claim for return of unjust enrichment amounting to 5% interest calculated on May 24, 2002, the payment date of the above 450,000,000 won, from May 24, 2002 to the day before the delivery date of the duplicate of the application for the payment order of this case, but the person liable for return of unjust enrichment with interest added thereto is limited to a malicious beneficiary (see Article 748 (2) of the Civil Act). As to the fact that the defendant knew that it should be returned to the plaintiff because there is no legal ground for holding the above payment amount during the above period, the defendant cannot be regarded as a malicious beneficiary. However, the defendant is regarded as the beneficiary of bad faith from the delivery date of the duplicate of the application for the payment order of this case (Article 749 (2) of the Civil Act), and this part of the plaintiff's claim is without merit). 4. Conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder of the claim is dismissed as per Disposition.

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