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(영문) 서울고등법원 2017.06.22 2017누32243
보상금증액 청구의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "The plaintiff is obligated to conduct acts 4 below the 13th judgment of the court of first instance (the plaintiff is claiming damages for delay in accordance with statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings even for the period from October 7, 2015 to the date of pronouncement of the judgment of the court of first instance after the delivery of a copy of the complaint of this case). However, in a lawsuit seeking monetary payment where the court of first instance accepted only part of the plaintiffs' claims and dismissed the remaining claims, unless there are special circumstances, it is reasonable for the defendant to resist the existence or scope of the obligation until the judgment of the court of first instance is rendered. Thus, the statutory interest rate under the above special cases shall not apply to the damages for delay in the cited amount until the date of pronouncement of the judgment of the court of first instance (see Supreme Court Decision 9Da20155, Feb. 25, 2000).). This part of the plaintiffs' assertion is without merit].

2. In conclusion, the judgment of the court of first instance is justifiable, and the plaintiffs' appeal is dismissed as it is without merit.

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