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(영문) 창원지방법원 2015.04.28 2014가단84612
부당이득금
Text

1. The Defendant’s KRW 15.6 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from October 23, 2014 to April 28, 2015.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 through 6 (including household numbers), the plaintiff received KRW 15,60,000 from the plaintiff on January 22, 2011, less the unpaid rent of KRW 2201,000,000,000 for lease deposit, monthly rent of KRW 1 million, and the lease period from January 25, 201 to September 24, 201. The defendant, around February 8, 2013, was determined and leased to the non-party 2201, the plaintiff was not entitled to recover the rent deposit from the non-party 15,560,000,000,0000,000 from the non-party 2,000,0000 won for the lease deposit from the plaintiff to the non-party 2,515,615,000,000,000 won.

B. According to the above facts of determination, the Defendant, even though not having the right to receive the lease deposit of KRW 15.6 million with respect to the above 2201, received the lease deposit and sustained damages to the Plaintiff. As such, the Defendant is obligated to resisting the Plaintiff as to the existence and scope of performance obligation from October 23, 2014, the day following the day when the copy of the complaint was served as the result of the unjust enrichment, which is the date when the Plaintiff’s claim was made, to the day when the judgment was rendered, to the day when the judgment was rendered, to pay damages for delay at each rate of KRW 15.6 million with 5% per annum as stipulated in the Civil Act and 20% per annum as stipulated in the Act on Special Cases Concerning the

The plaintiff sought 16.6 million won paid to the non-party company as a return of unjust enrichment or a tort.

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