손해배상(기)
1. Of the plaintiff's lawsuit, the part concerning the claim for 66,60,000 won extended by this court and damages for delay.
1. Determination on the part of the Plaintiff’s claim for KRW 66,660,00, which was expanded by this court among the Plaintiff’s lawsuits, is ex officio on the legitimacy of the part of KRW 66,660,00 among the KRW 200,00 extended by the Plaintiff’s claim extension on June 16, 2017.
The following facts are clear in records:
After filing a lawsuit claiming KRW 100,000,000, the Plaintiff stated that on June 1, 2017, the appellate court extended the claim amount to KRW 300,000,000 on the first date for pleading.
On June 5, 2017, this Court ordered the correction of KRW 1,882,50 [1,200,000 x 1.5] out of the stamp amount of KRW 300,000,000 [30,000 x 0.04 x 55,000 x 1.5] excluding KRW 682,500 already paid] to pay KRW 1,20,000,000, and the said order of correction reached the Plaintiff on June 12, 2017.
On June 16, 2017, the Plaintiff submitted a written statement of “request expansion” to expand the claim amount to KRW 300,000,000, and paid only KRW 800,000 as stamp amount.
On June 21, 2017, this Court ordered the Plaintiff to pay KRW 400,000 of the additional revenue stamp to the Plaintiff within seven days from the date of service of the order of correction. The above order of correction was sent to the Plaintiff on July 10, 2017.
On July 13, 2017, the court postponed the pleadings for the payment of additional revenue stamps by the Plaintiff on the second date for pleading, which was held on July 13, 2017. On August 4, 2017, the court issued an order to make the Plaintiff’s correction of KRW 400,000 of the additional revenue stamps with the same content as above. The said order for correction was served on each Plaintiff on August 23, 2017 and August 28, 2017.
However, the Plaintiff did not correct the above additional stamp by April 12, 2018, which was the date of this judgment.
According to the above facts, the plaintiff paid only KRW 1,482,50 [23,340,000 x 0.04 x 55,000 x (233,340,000 x 0.04 x 55,000 x 100 won pursuant to Article 2 (2) of the Act on the Stamps Attached for Civil Litigation, Etc.] which is the value of the object of lawsuit 233,340,000, among the plaintiff's lawsuit, the court shall pay it.