logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2014.12.04 2014가합55109
부당이득금
Text

1. The Defendant’s KRW 255,786,890 as well as the annual 5% from June 17, 2014 to October 8, 2014 to the Plaintiff.

Reasons

1. Grounds for claim;

A. The Plaintiff borrowed 75,00,000 won from Nonparty D on June 9, 2014 in each of the following day from Nonparty E and paid 150,000,000 won as the successful bid price for the instant apartment on the 10th day of the same month, and used 8,738,630,000 won among them to the Defendant as the successful bid price. After that, the Plaintiff paid 18,00,000 won to the Defendant on the 10th day of the same month as the bid price. After that, the Plaintiff paid 4,048,260,000 won as a check to the Defendant on the 18,00,000 won as the bid bond, and paid 18,738,630,000 won as the expenses for the registration of ownership transfer of the instant apartment, including the additional disbursement of 25,78,00,000 won as the expenses for the purchase of the instant apartment.

B. At the time of receiving the successful bid for the instant apartment, the Defendant settled the bid price and incidental expenses incurred in the instant apartment as security and transferred the ownership of the said apartment to the Plaintiff, but did not implement it until now after acquiring the ownership of the instant apartment.

C. Therefore, the Defendant is obligated to pay interest in arrears at the rate of 5% per annum under the Civil Act from June 17, 2014 to October 8 of the same year, which is the date of delivery of a copy of the complaint in this case, to the day of complete payment, and to pay damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as the Plaintiff’s claim is based on the aggregate of the costs of unjust enrichment to the Plaintiff, 25,786,890 won, and as requested by the Plaintiff.

2. Judgment without holding any pleadings: Civil Procedure Act.

arrow