logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.07 2014나41947
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the arguments in evidence Nos. 1 and 2 as a whole, the plaintiff filed a lawsuit claiming unjust enrichment against the defendant, co-defendant C, and D on September 15, 1999, and the plaintiff paid 69,000,000 won per annum from May 10, 1994 to November 24, 1999; 5% per annum from the next day to the day of full payment; 25% per annum from the next day to the day of full payment; 57,303,240 won among the above amounts of D and each of them; and 25% per annum from the next day to November 24, 1999 to the day of full payment; 30 won per annum from June 1, 199 to November 24, 199 to the day of full payment; 39,000 won per annum of the Seoul High Court (Seoul High Court Decision 259, Jun. 9, 1998).

B. According to the above facts of recognition, the defendant is jointly and severally liable to pay to the plaintiff 57,303,240 won with co-defendant C of the first instance trial for the extension of the extinctive prescription period of the claim based on the judgment in the previous lawsuit and 5% per annum from January 1, 1995 to November 24, 1999, and 25% per annum from the next day to the date of full payment, as the plaintiff seeks.

The plaintiff was paid KRW 600,000 from the defendant on December 14, 2009 at the trial, but the above amount was from June 1, 1994 for KRW 57,303,240.

8. The damages for delay calculated by the rate of 5% per annum until 16. 604,431 won (turf less than won) was appropriated for the appropriation of the amount.

2. Judgment on the defendant's defense

A. The defendant's defense 1) The defendant's defense on April 15, 200 is the defendant's Japaneseization Co., Ltd. (hereinafter referred to as "Japanese") to the plaintiff on April 15, 200.

2) Claim against the Plaintiff (hereinafter referred to as “claim subject to transfer of this case”)

by transfer. (b) by transfer.

arrow