logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.03.13 2018가합108517
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 450,735,00 and the interest rate of KRW 15% per annum from December 14, 2018 to the date of full payment.

Reasons

1. The description of the request shall be as shown in the attached Form;

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The obligation to return unjust enrichment for partial dismissal is an obligation with no fixed deadline, and the obligor is liable for delay only when he/she is demanded to discharge;

[See Supreme Court Decision 2009Da24187, 24194 (Counterclaim) Decided January 28, 2010). It is apparent in the record that a duplicate of the complaint of this case, which the Plaintiff seeks performance of unjust enrichment stated in the claim against the Defendant, was served on the Defendant on December 13, 2018. However, there is no evidence to prove the fact that the Plaintiff requested performance of the said money to the Defendant prior to the filing of the suit of this case.

The claim for damages for delay from September 25, 2015 to December 13, 2018 shall not be accepted.

arrow