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(영문) 서울동부지방법원 2020.05.08 2019가합111491

손해배상(기)

Text

1. As to KRW 117,364,905 and KRW 60,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the annual interest from October 27, 2019 to the day of full payment.

Reasons

1. On November 29, 2015, the Defendant, who had been a director prior to the Plaintiff’s indication of the claim, committed an illegal act, such as arbitrarily using the company’s funds, thereby causing property damage to the Plaintiff. On November 29, 2015, a letter of intent was prepared and issued to the Plaintiff to pay KRW 117,364,905 to the Plaintiff

Therefore, the defendant is obligated to pay to the plaintiff 117,364,905 won of the above damages and 60,000,000 won of the above damages at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 27, 2019 to the date of full payment, and 57,364,905 won per annum under the Civil Act from October 27, 2019 to October 10, 2019, with 5% per annum under the Civil Act from October 27, 2019 to the date of full payment, and with 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. The Plaintiff seeking damages for delay that applied the ratio under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the day on which the written complaint was served with respect to the total amount of damages. However, the Plaintiff sought a payment of KRW 60,000,000 out of KRW 117,364,905, in the written complaint, but amended the purport of the claim to seek the payment of the total amount of damages only from the written amendment dated October 10, 2019, and thus, it does not accept any claim exceeding

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