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1. The Defendant’s KRW 15,785,890 and KRW 13,00,000 among the Plaintiff and the Plaintiff’s KRW 5% per annum from May 11, 2016 to August 3, 2016.
Reasons
1. The description of the grounds for the claim and the changed grounds for the claim shall be as specified in the attached Form;
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. On May 10, 2014, the Plaintiff seeking against the Defendant the payment of the overdue charge of KRW 13,000,000, and the payment of the overdue charge of KRW 2,785,890, including the overdue charge of the Defendant under the lease agreement as of May 10, 2014, calculated at the rate of 15% per annum from May 11, 2016 to the date of full payment.
However, there is no evidence to prove that the Plaintiff and the Defendant agreed to pay damages for delay exceeding the statutory interest rate of 15% per annum under the above lease agreement.
In addition, there is no evidence to acknowledge that the Defendant’s obligation to return unjust enrichment equivalent to KRW 2,785,890 is an obligation without setting a deadline, and that the Plaintiff claimed the performance of the above obligation to the Defendant prior to the delivery of the application for modification of the claim and the cause of the claim as of May 19, 2016.
Therefore, with respect to the Defendant’s above KRW 13,00,000, the Defendant recognized the obligation to pay damages for delay calculated at the annual rate of KRW 15% per annum as stipulated by the Civil Act from May 11, 2016 to August 3, 2016, the delivery date of the application for change of claim and cause of claim, from August 1, 2016 to August 3, 2016, and the annual rate of KRW 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, and KRW 2,785,890, with respect to the damages for delay calculated from the delivery date of the application for change of claim and cause of claim from May 19, 2016 to the date of full payment, and the damages for delay in excess of this obligation shall be dismissed.