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Reasons
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(영문) 수원지방법원평택지원 2015.11.26 2015가단3087
부당이득금반환
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1. Defendants are jointly and severally liable to the Plaintiffs each of KRW 11,535,120, and Defendant C with respect thereto from March 26, 2015.

Reasons

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

2. Grounds for recognition;

(a) Judgment made based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act);

B. The Defendants served a duplicate of the instant complaint and presented a written reply on July 5, 2015. However, the said written reply only contains the purport of objection, and does not constitute a written reply as stipulated under Article 256 of the Civil Procedure Act, on the ground that there is no specific statement on the content of the Plaintiff’s claim disputing.

In addition, the Defendants did not appear at all on the date of pleading 2, 3, and 4 of the instant case after they stated the said written response on the first day of pleading, and did not submit a document stating the specific contents of the Plaintiff’s claim.

Therefore, it is deemed that the Defendants led to the confession of the Plaintiffs’ assertion in accordance with Article 150(3) of the Civil Procedure Act.

(See Supreme Court Decision 89Meu4045 delivered on July 25, 1989). 3. Purport of partial dismissal

A. As stated in the purport of the claim, the Plaintiffs seek for the payment of damages for delay from the date following the payment date of KRW 11,535,120, but the obligation to return unjust enrichment is an obligation with no fixed deadline and there is no assertion or proof as to the Plaintiffs’ claim for the return of the above money before the delivery of the duplicate of the complaint of this case. Therefore, the part of the claim for damages for delay prior to the delivery of the duplicate of the complaint of this case

B. Since the interest rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings has been changed to 15% per annum from October 1, 2015, the exceeding portion shall be dismissed as it is without merit.

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