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(영문) 서울중앙지방법원 2017.04.07 2016가합34903

손해배상등

Text

1. The Defendant shall pay to the Plaintiff KRW 365,714,587 out of KRW 1,134,580,844 and the said amount. The Defendant shall pay to the Plaintiff full payment from April 28, 2016.

Reasons

1. A claim for the interruption of extinctive prescription of a claim based on a final and conclusive judgment, such as the Seoul Central District Court 2005Kahap46016 damages against the Defendant of the Plaintiff (formerly, Korea Exchange Bank) who indicated the claim

2. Grounds;

(a) Calculation formula ① 365,714,587 x [283/365, (i.e., from February 1, 2005 to November 10, 2005] x 0.05 x 177,70222 365,714,587 x [9324/365, (i.e., from November 11, 2005 to September 30, 2015)] x 0.2 = 723,213,1203 365,714,587 x [i.e., 210/366, (ii) x 210/366, Oct. 1, 2015 to Nov. 10, 2005] x 365,784,67,7584,67,6784,675]

(b) Judgment without the applicable provisions of Acts (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. A portion exceeding damages for delay calculated at the rate of 15% per annum from October 1, 2015 to April 27, 2016 in accordance with the provisions on statutory interest rates under the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Partial Dismissal (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015)