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(영문) 서울고등법원 2016.10.21 2016나2033569

손해배상청구

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. The reason why this Court uses this part of the facts of recognition is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The reason why the court has used this part of the establishment of liability for damages is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

B. 1) In a civil monetary claim, the amount of ordinary damages arising from the non-payment of the claim amount from an unfair preservative measure is equivalent to interest at the rate of 5% per annum as stipulated in the Civil Act concerning the claim amount. If the claim is deposited, the amount equivalent to the difference between the interest on the deposit amount shall be the amount of damages (see, e.g., Supreme Court Decision 98Da3757, Sept. 3, 199). In light of the above legal principles, the case was examined, and NFF deposited 21,41,234,090 won, including the provisional attachment of this case, on February 26, 2014, on the ground that NFF deposited 21,441,234,090 won, and the interest rate for the provisional attachment of this case was revoked on June 9, 2015, which was calculated by applying the difference between the Plaintiff’s claim and the Plaintiff’s claim for the difference between 305,2005,2585,297.

3) Prior to the decision of provisional seizure of this case, the Defendant had already been made to the Plaintiff’s NFC with respect to the claim of the mutual aid money of this case against the Plaintiff’s NFF Co., Ltd.

(a).