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(영문) 서울중앙지방법원 2017.09.22 2017가단5033158

가액배상금 청구의 소

Text

1. The defendant shall calculate 70,727,320 won to the plaintiff and 5% per annum from June 9, 2007 to the day of full payment.

Reasons

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

(A) The Plaintiff seeks payment of the amount calculated at the rate of 15% per annum from the day after the delivery date of the copy of the complaint to the day of full payment, but the final and conclusive judgment in favor of the Plaintiff has res judicata effect. As such, the parties cannot file a new suit based on the same subject matter of lawsuit as the final and conclusive judgment in principle, and there are special circumstances, such as interruption of prescription, a new suit is exceptionally allowed. However, even in such a case, the judgment of the new suit does not conflict with the final and conclusive judgment in favor of the previous suit, and only damages for delay calculated at the rate of

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