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(영문) 대구지방법원서부지원 2019.07.25 2019가합51691
부당이득금
Text

1. As to the Plaintiff KRW 223,580,00 and KRW 33,000 among them, the Defendant shall pay to the Plaintiff KRW 223,580,000 from March 15, 2019, and KRW 190,580,00.

Reasons

1. The description of the grounds for the attachment to the description of the claim and the changed grounds for the claim;

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts.

3. The Plaintiff seeking damages for delay calculated at the rate of 15% per annum from the day following the delivery date of a copy of the complaint in this case to the day of complete payment. However, with respect to the claim amounting to KRW 19,580,000,000 of the claimed principal extended by the written application for modification of the claim in this case, the Plaintiff may claim damages for delay as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 31, 2019, which is the day following the delivery date of a copy of the above written application for modification. Thus, the Plaintiff did not accept a claim for damages for delay for the previous period, and the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended on May 21, 2019 and enforced from June 1, 2019, the statutory interest rate under the above Act was changed to 12% per annum, and the damages for delay exceeding the rate of 10% per annum from June 1, 2019.

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