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(영문) 서울중앙지방법원 2014.02.06 2013가단155789
청구이의
Text

1. The Defendant’s claim against the Plaintiff for restitution of unjust enrichment (Seoul High Court Decision 2012Na4970, Nov. 9, 2012) against the Plaintiff.

Reasons

1. Basic facts

A. On November 9, 2012, the appellate court of the lawsuit filed by the Defendant against the Plaintiff, including the return of unjust enrichment, the Seoul High Court Decision 2012Na4970, which held that “the Defendant (referring to the Plaintiff in this case) paid 10,00,000 won to the Plaintiff (referring to the Defendant in this case) as well as 5% per annum from May 28, 2010 to November 9, 2012, and 20% per annum from the next day to the day of full payment” (hereinafter “the final judgment in this case”). The above judgment became final and conclusive around that time.

B. The Defendant filed an application for compulsory auction with the Seoul Northern District Court C on March 20, 201 with respect to the Seoul Special Metropolitan City’s neighborhood living facilities and sports facilities 601 square meters, 874.82 square meters, and 313.73 square meters owned by the Plaintiff with the instant final judgment as the title of execution, and the said court rendered a decision to commence compulsory auction on March 20,

C. Meanwhile, on March 8, 2011, the Plaintiff filed an application with the Defendant for the confirmation of the amount of litigation costs with the Seoul Central District Court 2010Kada4708, the Plaintiff rendered a ruling against the Defendant that “The respondent (referring to the Defendant in this case) is KRW 14,948,782, the amount of litigation costs that the respondent (referring to the Plaintiff in this case) is obligated to reimburse to the applicant (referring to the Plaintiff in this case) by the judgment of the case, such as the Seoul High Court and the Defendant’s attitude of building name, etc.” (hereinafter “the final decision in this case”). The said ruling was served on the Defendant on March 18, 2011, and became final and conclusive on March 26, 2011.

(3) The amount of claims held by the defendant against the plaintiff as of June 7, 2013 shall be KRW 1,227,592 per annum from May 28, 2010 to November 9, 2012: damages for delay calculated by the rate of 5% per annum of the principal and interest 12,37,498 won in the instant final and conclusive judgment (2,100,000 won = 10,000 won = 10,000 won x (218 days/365 days/36 days/365 days) x 0.05%) x (3) 1,149,906 won in the annual rate of 20% in the instant final and conclusive judgment from November 10, 201 to June 7, 2013 】 200,000,000 won in the annual rate of 10,060,3636 days/6 days x 2.6 days

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