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1. The Defendant’s KRW 646,360,00 for the Plaintiff and KRW 6% per annum from July 9, 2016 to February 3, 2017.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);
3. Part 3 of the dismissal
A. The Plaintiff, as to the determination of the applicable law, sought a return of the amount equivalent to the value of the mixed diesel to the Defendant on the ground that the Defendant acquired ownership of the diesel, on the ground that the Plaintiff was mixed with the diesel owned by the Defendant, and that it was de facto impossible to separate the diesel from the mixed diesel.
However, the plaintiff is a legal entity established under the laws of the Republic of Korea and the defendant is established under the laws of the Republic of Korea and has an address in Singapore. Thus, in this case, the governing law should be determined in accordance with the private international law because foreign elements exist
Article 31 of the Private International Act provides that "the unjust enrichment shall be governed by the law of the place where the gain occurred," while the place where the defendant's gain occurred due to the mixedation of the diesel owned by the defendant and the diesel owned by the plaintiff is the Republic of Korea, so it is reasonable to determine the plaintiff's claim of this case in accordance with the Korean law.
B. The Plaintiff seeking payment of damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the date of the instant judgment to the day of full payment. However, since the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings is amended to the effect that the statutory interest rate shall be reduced from 20% per annum to 15% per annum, the part exceeding the damages for delay calculated at the rate of 15% per annum cannot be accepted.