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(영문) 광주지방법원 2016.04.27 2015나9918
양수금
Text

1. Of the judgment of the court of first instance, the part concerning the country traffic of the defendant limited liability company shall be modified as follows:

Defendant.

Reasons

1. The Plaintiff’s assertion that the Defendants were the users of B, who operated an excessive vehicle, was subject to a summary order pursuant to the joint penal provisions as listed below, and B paid each of the pertinent fines on behalf of the Defendants without any legal ground. The Defendants were to receive a refund of the said fine through criminal compensation procedures, and therefore, B has a claim for return of unjust enrichment equivalent to the above refund against the Defendants.

However, since the Plaintiff acquired the above claim for return of unjust enrichment from B around August to September 2014, the Defendants are obligated to pay to the Plaintiff 20% interest per annum from the date of delivery of the copy of the instant complaint to September 30, 2015, and 15% interest per annum from the next day to the date of full payment.

The sum of the fines imposed on the Defendant in this case is about KRW 1,000,000,000,000,000,000,000,000 or more than 1,743,000,000,000 or more than 2,000,000,000 or more than 1,5030,000,000 the Government Branch of the Seoul District Court's 1,500,000 or more of the Seoul District Court's 2,00,00,000,000 or more of KRW 99,4590,000 or more,00,00 or more,00 or more,00,00 or more than 2,00,00 or more than 208,207,000,00 or more of the Government Branch of the Transport Government of Korea of KRW 26726,50,000,00.

2. Determination

A. The defendant country transportation against the defendant country transportation is deemed to have led to the confession of the plaintiff's above assertion in accordance with Article 150 of the Civil Procedure Act.

Therefore, with respect to the Plaintiff’s KRW 3,500,000 and its KRW 1,500,000 among them, the Defendant’s country transportation shall pay to the Plaintiff 20% per annum from December 31, 2014 to September 30, 2015 under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, within the scope prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, 15% per annum as to the Plaintiff’s claim of this case and the written application for modification of the cause thereof, and damages for delay calculated at 15% per annum from March 26, 2016 to the day of full payment.

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