beta
(영문) 서울중앙지방법원 2016.07.06 2016나8960

관리비

Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in the trial, shall be modified as follows:

Reasons

1. The reasons for the court’s explanation concerning this case are as follows: “The Plaintiff is obligated to pay 5% per annum under the Civil Act from December 2, 2015 to January 20, 2016, and 15% per annum under the main sentence of the Civil Act; “The Plaintiff is obligated to pay damages for delay calculated at a rate of 15% per annum from the following day to the date of full payment, with the exception of the amount of KRW 77,145,892, and the amount of KRW 77,145,892, the Plaintiff sought and the amount of the Defendant’s demand for performance after March 26, 2015, which is the date of delivery of a copy of the application for change of the purport of the instant claim and the cause of the claim sought by the Plaintiff, to the date of full payment, from the next day to the date of full payment.” As such, the Defendant is obligated to pay damages for delay calculated at the rate of KRW 15% per annum from the date of imposition of the claim for performance.

2. In conclusion, the plaintiff's claim of this case is justified. Since the judgment of the court of first instance is partially unfair, the judgment of the court of first instance, including the plaintiff's claim extended and reduced in the trial, is modified as above. However, with respect to the burden of total costs of lawsuit, the plaintiff filed an appeal for the part which was dismissed in the judgment of the court of first instance, but again reduced the claim of the principal portion in the amount of principal amount as cited in the judgment of the court of first instance, and extended the claim of the damages for delay as the initial date for damages for delay recognized in the judgment of the court of first instance, Article 99 of the Civil Procedure Act, in light