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(영문) 서울중앙지방법원 2016.09.08 2016나15661

지연이자 청구의 소

Text

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

Reasons

1. The grounds for the court's explanation concerning this case shall be replaced by the "attached List" of the first instance court's judgment with the "attached List" of the first instance court's judgment, "the net M" of the third part of the third part of the first instance court's judgment shall be read as "the network K", " regardless of the determination of each compensation of this case" of the fifth part as "the confirmation of each compensation of this case", "the confirmation of each compensation decision of this case" of the fifth part of the fourth part as "the confirmation of each compensation decision of this case is confirmed", and "the scope of interest in arrears" of the seventh to 18 of the seventh part of the first part's judgment shall be deleted as follows, and therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. However, Article 20(1) of the Criminal Compensation Act provides that a person who intends to claim compensation shall file an immediate appeal against a decision on criminal compensation within one week, and Article 21(1) and (2) of the same Act provides that a person who intends to claim compensation shall submit a written claim for compensation with the prosecutor's office corresponding to the court that determined the compensation, along with the written decision of the court corresponding to the decision on criminal compensation. The defendant's obligation to pay compensation according to the decision on criminal compensation is established as an unfixed obligation at the time when the decision on criminal compensation becomes final and conclusive due to the lapse of the period of the immediate appeal, and it is reasonable to view that the defendant is liable for delay from the time when the claimant submitted a written claim for compensation attached to the court's decision on the compensation, and as such, the defendant is liable for delay from the time when he received the request for payment. Therefore, in the case of the plaintiff A, the defendant shall submit a written claim for compensation after the decision on criminal compensation becomes final and conclusive.