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(영문) 서울중앙지방법원 2017.11.02 2016나82586
부당이득금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal are assessed against the principal office.

Reasons

1. In full view of the purport of the pleadings as to Gap's evidence Nos. 2 through 4, the defendant filed a lawsuit against the plaintiff as Seoul Central District Court 2014da226866, and was sentenced on July 4, 2014 to the effect that "the defendant shall pay to the plaintiff 285,415 won and 250,00 won among them, interest rate of 5% per annum from November 17, 2013 to July 2, 2013, and interest rate of 20% per annum from the next day until the day of full payment." The defendant received a claim for the appellate and collection order under the title of title of the first instance judgment with the above provisional execution and received a claim from the Seoul Central District Court 2014da12767, and the defendant's judgment was revoked on October 8, 2014, and the defendant can be accepted from the above Seoul Central District Court 2013Ga1351, the defendant's judgment as the above judgment of 231531.

According to the above facts, although the defendant received KRW 326,147 on the basis of a provisional execution declaration of the Seoul Central District Court Decision 2014Gapo226866, the above appellate court did not have any money to be paid to the defendant by the plaintiff according to the judgment of the above appellate court. Thus, the defendant is obligated to pay to the plaintiff damages for delay calculated by the ratio of the above 326,147 won and the amount to be paid to the plaintiff from October 8, 2014 to March 25, 2016, the delivery date of the copy of the complaint of this case, which is the delivery date of the copy of the complaint of this case, and 5% per annum from the next day to the day of full payment.

2. Determination on a counterclaim

A. The Defendant’s assertion 1 is an attorney-at-law on the legal dispute between the Plaintiff and the Plaintiff and the Defendant, who is a corporation, relating to the concession contract.

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