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(영문) 서울동부지방법원 2020.03.13 2019가합1129
부당이득금
Text

1. The Defendant’s KRW 319,457,059 as well as the Plaintiff’s annual rate from August 28, 2019 to November 1, 2019, and the following.

Reasons

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

2. Judgment with no ground for pleading (Article 208 (3) 1 of the Civil Procedure Act);

3. The Plaintiff’s dismissal portion claimed payment of damages for delay calculated by 12% per annum as to KRW 319,457,059 as indicated in paragraph (1) of this Article from August 28, 2019 to the date of full payment. However, the above ratio is applied from the day following the delivery of the complaint seeking the performance of monetary obligations or other documents corresponding thereto to the Defendant. As such, the purport of the claim seeking the performance of monetary obligations as modified claims from August 28, 2019 to the Defendant’s application for change of the cause of the claim (extension of the claim amount) and damages for delay by the rate of 5% per annum as stipulated in the Civil Act until November 1, 2019 delivered to the Defendant, and the excess portion is dismissed.

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