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(영문) 수원지방법원 2016.05.26 2015가합3405
부당이득금반환
Text

1. The Defendant’s KRW 2,077,169 as well as 5% per annum from December 27, 2007 to June 20, 2015 to the Plaintiff.

Reasons

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

2. Judgment on deemed confessions of applicable provisions of Acts (Articles 208 (3) 2 and 150 of the Civil Procedure Act);

3. The Plaintiff partially dismissed filed a claim for the payment of damages for delay calculated at the rate of 20% per annum from the day after the delivery of the complaint to the day of full payment. However, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015, the main text of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (hereinafter “Special Cases”) and Article 2(2) of the Addenda (Presidential Decree No. 26553, Sept. 25, 2015) of the former Special Cases (amended by Presidential Decree No. 26553, Sept. 25, 2015). Thus, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum under Article 3(1) of the aforementioned Special Cases and the proviso to Article 101 of the Civil Procedure Act as to the burden of litigation costs.

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