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(영문) 서울중앙지방법원 2017.01.26 2016가단87245
부당이득금
Text

1. The Defendant’s KRW 26,660,00 for the Plaintiff and 5% per annum from August 6, 2014 to June 27, 2016.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 to 3 (including branch numbers for those with serial numbers) and the whole purport of the pleadings as to the cause of the claim, the facts in the separate sheet can be acknowledged, and there is no counter-proof.

In regard to this, the defendant argued that the claim of this case cannot be complied with because he was ruled that the compensation amount should not be paid in the related criminal case. However, according to the statement in Gap evidence No. 2, it is only recognized that the compensation order applied by the plaintiff in the related criminal case was dismissed in an unlawful manner, and there is no evidence to acknowledge the defendant's above assertion,

2. If so, the defendant is obligated to pay to the plaintiff 26,60,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from August 6, 2014, which is the date of delivery of the original copy of the instant payment order, to June 27, 2016, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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