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(영문) 인천지방법원 2016.02.25 2015가합58941
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 1,793,758,904 and the interest rate of KRW 15% per annum from December 18, 2015 to the date of full payment.

Reasons

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

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

3. On November 1, 2014, following the end of the period of use of the instant harbor site, the Plaintiff asserts that the Defendant violated the instant harbor site use contract, and sought payment of damages for delay calculated at the rate of 5% per annum from August 21, 2015 to the date of delivery of a duplicate of the instant complaint from August 21, 2015, with respect to unjust enrichment of KRW 1,693,758,90 from the date following the end of the period of use of the instant harbor site.

However, the above obligation to pay penalty and unjust enrichment is an obligation with no fixed deadline, and the defendant is liable for delay from the day after the date when the plaintiff claims the performance through the delivery of a duplicate of the complaint of this case (Article 387(2) of the Civil Act). Thus, the plaintiff's claim for delay delay damages of this part is groundless.

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