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(영문) 울산지방법원 2020.04.22 2019가단125569
부당이득금
Text

1. As to KRW 40,590,000 among the Plaintiff and KRW 38,390,000 among them, the Defendant shall be annually from December 6, 2013 to February 12, 2020.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

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

3. The grounds for partial dismissal (the Plaintiff claimed for the payment of damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from March 1, 2017, which was the following day of February 2017, which was known to the Plaintiff that unjust enrichment was incurred to KRW 2.2 million, until the delivery date of a copy of the complaint of this case. However, the obligation to return unjust enrichment is an obligation without a fixed deadline, and the obligor is liable for delay from the day after receiving the claim for performance, and in this case, there is no assertion as to the Plaintiff’s claim for delay from March 1, 2017 to the day of delivery of a copy of the complaint of this case.

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