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(영문) 청주지방법원 2016.07.13 2016가단7210

손해배상(기)

Text

1. The defendant's 69,924,828 won and 65,500,000 won among them are 25% per annum from June 8, 1996 to January 31, 2006.

Reasons

1. Indication of Claim: A judicial compromise was established on January 31, 1996, with the purport that “the Defendant shall pay to the Plaintiff 65,500,000 won and the amount equivalent to 5% per annum from July 24, 1990 to January 31, 1996, and 25% per annum from the next day to the full payment date” filed by the Plaintiff against the Defendant.

Then, the plaintiff was sentenced to the Cheongju District Court Decision 2006Kadan50 on June 7, 2006 for the extension of the extinctive prescription period of the above judicial compromise claim. The contents are as follows: "the defendant shall pay to the plaintiff 65,50,000 won with 5% per annum from July 24, 1990 to January 31, 1996, 25% per annum from the next day to January 31, 2006, and 20% per annum from the next day to the full payment date."

On June 8, 1996, the Plaintiff received 15,063,664 won from the Defendant’s salary and retirement allowance through the Cheongju District Court C, D’s seizure and collection of claims, and it remains 4,424,828 won from July 24, 1990 to June 7, 1996 when it is appropriated for the interest accrued from July 24, 1990 to June 7, 1996.

Accordingly, the Plaintiff seek for the payment of the principal amounting to KRW 65,50,000 and interest amounting to KRW 4,424,828 (the interest accrued until June 7, 1996 and the portion not paid for delay) to the Defendant, and damages for delay after June 8, 1996 on the principal amount.

2. Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act.