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(영문) 전주지방법원 2019.08.14 2016가합2917
부당이득금
Text

1. It is confirmed that the insurance contract entered in the separate sheet between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. The description of “the cause of the modified claim” as shown in the [Attachment of Claim].

2. Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act of the applicable provisions of the Acts [this case’s original copy of the instant payment order is served, and the Defendant did not appear at all on the date of pleading without submitting a specific written answer. Thus, the Plaintiff’s assertion is deemed to have been led to a confession in full pursuant to Article 150(3) and (1) of the Civil Procedure Act (see, e.g., Supreme Court Decision 89Meu4045, Jul. 25, 1989)]

3. The part to which partial dismissal is dismissed is claimed for the payment of 5% per annum from May 22, 2015 to November 28, 2017, and 15% per annum from the next day to the day of full payment. However, the provision on statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was partially amended by Presidential Decree No. 29678, May 21, 2019, and the statutory interest rate was set at 12% per annum from the enforcement date of the Act. The part of the claim for delay damages exceeding the above statutory interest rate in this case, which was closed after the enforcement date, is groundless.

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