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(영문) 인천지방법원 2016.04.20 2015가단69883
부당이득금반환
Text

1. Defendant B’s 53,800,000 won and the interest rate of 15% per annum from January 21, 2016 to the date of full payment.

Reasons

1. Claim against the defendant B

A. Claim for restitution of unjust enrichment after deducting the statutory fees (0.9% of the sales value of the building) from the Defendant’s brokerage fees received from the Plaintiff in connection with the sales brokerage of the building E and one parcel, Nam-gu, Incheon Metropolitan City.

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

C. Under the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which was enforced from October 1, 2015, part of the dismissal thereof, a claim for damages for delay on the enforcement date cannot exceed the amended interest rate (15% per annum).

2. The Plaintiff filed a claim against Defendant C against the Defendant C for the return of unjust enrichment, such as the above claim indication.

The statement of evidence Nos. 14 through 9 alone is not sufficient to recognize the assertion that Defendant C jointly acquired the above brokerage commission with Defendant B (tentative name: G) and Nonparty H (one person: I) as a licensed real estate agent of F real estate, or received a final distribution from the former. Thus, the claim for return to Defendant C is not accepted due to lack of supporting evidence.

3. The plaintiff's claim against the defendant B is accepted within the scope of the above recognition. The remaining claim against the defendant B and the claim against the defendant C are dismissed as it is without merit. It is so decided as per Disposition.

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