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(영문) 서울중앙지방법원 2017.12.08 2016가단154251
부당이득금반환
Text

1. Revocation of each gift agreement entered in the separate sheet concluded between the defendant and the non-party C

2. The defendant.

Reasons

1. Indication of claims: To describe the cause of claims and the changed cause of claims in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Part of dismissal part of the Plaintiff claimed for payment of the amount calculated at the rate of 15% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. However, the obligation to pay compensation for the value arising from the cancellation of fraudulent act occurs only when the judgment on the formation of a fraudulent act, which is a premise, becomes final and conclusive. Thus, no delay liability is acknowledged before the judgment becomes final and conclusive, and interest for delay as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings does not apply to the lawsuit for future performance. Thus, this part of the claim for delay damages is without merit.

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