손해배상(기)
1. The defendant shall pay to the plaintiff KRW 58,810,000 and KRW 54,00,000 among the above money. The defendant shall pay to the plaintiff the full payment from January 20, 2019.
1. The description of the grounds for the claim (attached Form) is as specified;
(The date of disbursement of KRW 4,810,000 shall be January 23, 2019).
3. In filing the instant lawsuit, the Plaintiff initially claimed payment of KRW 54,00,000 and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the instant complaint to the day of full payment. On January 24, 2019, the Plaintiff extended the principal of the claimed amount to KRW 58,810,000 (it is reasonable to view the expanded amount of KRW 4,810,00 as the cost of removal) and claimed payment of damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery of a copy of the instant complaint to the day of full payment.
However, the amount of KRW 4,810,00 extended through the above application for modification shall be calculated on the basis of the date on which the Plaintiff actually paid the relevant expenses on January 23, 2019. Moreover, it is reasonable to view that the time to seek damages for delay by the rate of 15% per annum as stipulated by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is the day following the delivery date of the above application for modification, which is a document seeking the performance of the monetary obligation.
Therefore, the claim for damages for delay against the above 4,810,000 won is recognized only within the scope of each ratio of 5% per annum under the Civil Act from January 23, 2019 to January 26, 2019, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.