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(영문) 창원지방법원통영지원 2020.08.26 2020가단1218
부당이득금반환
Text

1. The defendant shall pay to the plaintiff KRW 44,078,910 as well as 5% per annum from April 18, 2020 to August 26, 2020 and the next day.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

(However, the "creditor" and the "debtor" are deemed the defendant). 2. Judgment by public notice under Article 208 (3) 3 of the Civil Procedure Act

3. Some rejection parts of the Defendant’s obligation to return unjust enrichment is an obligation with no fixed time limit and is liable for delay from the time of receiving a claim for performance (Article 387(2) of the Civil Act). The evidence submitted by the Plaintiff alone does not have any circumstance to deem that the Plaintiff had sought performance against the Defendant before the instant lawsuit was filed. Thus, the damages for delay from the day after the duplicate of the complaint of this case was served on the Defendant is recognized.

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