손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff 6,637,913,450 won and 15,740,705.
1. The reasoning of the court's explanation concerning this case is the same as the reasoning of the court's decision of the first instance except for the following parts. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The height of the judgment of the first instance court shall be from 7 pages 11 to 17 as follows:
Therefore, as damages for nonperformance of obligation, the Defendant’s above KRW 7,440,575,95 (=2,613,471,95 Won 4,827,104,000) and its legal interest rate of 6% per annum is applicable from August 13, 2016 to the “debt arising from commercial activity” to which the commercial statutory interest rate under Article 54 of the Commercial Act applies from August 13, 2016, which is obvious that the application for the payment order in this case was the date following the date when the Defendant reaches the Defendant’s claim (see, e.g., Supreme Court Decisions 2014Da2014Da20763, 20770, Jun. 10, 2016).
shall be liable to pay damages for delay calculated in proportion to the
(A) The Plaintiff filed a claim for damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act from December 18, 2013 beyond the above scope. However, since the liability for damages due to nonperformance is a debt with no fixed deadline, and there is insufficient evidence to deem that the Plaintiff notified the Defendant of the performance of the above liability for damages prior to the application for the payment order in this case. Thus, damages for delay due to the above obligation for damages shall accrue from the day following the date when the application for the payment order in this case arrives to the Defendant. However, the first instance judgment on the Plaintiff’s claim determined the above KRW 7,440,575,995 as “compensation for damages due to tort” and determined it as “compensation for damages due to tort” from January 20, 2014.