logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2016.01.29 2015가단108925
토지인도
Text

1. The Defendant’s KRW 12,943,530 for the Plaintiff and KRW 20% per annum from August 22, 2015 to September 30, 2015.

Reasons

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

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

3. The Plaintiff seeking payment of damages for delay from April 1, 2015. However, the obligation for return of unjust enrichment is a debt with no time limit for performance, and the obligation for return of unjust enrichment shall be held liable for delay only from the day following August 21, 2015, the delivery date of a copy of the complaint of this case, which includes a peremptory notice of payment. Thus, the part claiming damages for delay from April 1, 2015 to August 21, 2015 is dismissed.

In addition, pursuant to the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015), the part that the Plaintiff seeks more than the amount calculated at the rate of 15% per annum out of the Plaintiff’s claim for delay damages after October 1, 2015 is dismissed.

arrow