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(영문) 서울중앙지방법원 2015.06.09 2014나62434

기타(금전)

Text

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

Reasons

The reasons why the court should explain this case are as stated in the reasoning of the judgment of the court of first instance, except in the following cases. Thus, this case shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part to be used by the court of first instance shall be filled by the following from fourth to the fifthth one of the judgment of the court of first instance:

According to the above facts, a certified judicial scrivener C is liable for damages against the plaintiff as the employer of B, who is an employee of the certified judicial scrivener office, and C is a certified judicial scrivener who has joined the defendant association. As such, the defendant is obligated to pay to the plaintiff damages calculated at the rate of 25,615,080 won according to the judgment of damages in this case within the limit of 200 million won, which is the limit of the amount of mutual aid payment, and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from August 18, 2010, which is the date of the judgment of this case, until June 9, 2015, which is deemed reasonable for the defendant to dispute the existence and scope of the obligation.

(A) The Plaintiff filed a claim for delay damages of 20% per annum from June 16, 2012, the following day after the copy of the complaint was delivered to C in the instant lawsuit in accordance with the instant judgment for damages. However, under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the Plaintiff’s claim for delay damages of 20% per annum from June 16, 2012, which is the date following the date when the copy of the complaint was delivered to C, is purported to prevent the obligor from delaying performance or litigation in bad faith after the obligee filed a lawsuit, and ensure the prompt performance of the obligation. Therefore, the Plaintiff cannot be deemed to bear damages for delay of 20% per annum from June 16, 2012 to 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.