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(영문) 인천지방법원 2019.12.26 2018가단273058
손해배상(기)
Text

1. The Defendants jointly share the Plaintiff KRW 134,474,346, and KRW 30,000,100 among them, from February 21, 2018 to February 21, 2019.

Reasons

1. The description of the request shall be as specified in the attached Form;

2. Judgment made by deeming each confession (Article 208 (3) 2, and Article 150 of the Civil Procedure Act).

3. The statutory interest rate under Article 3(1) of the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings for Partial Dismissal is applied from the day following the date on which a written complaint demanding the performance of a pecuniary obligation or a document corresponding thereto was served on the obligor. In this case, the Plaintiff claimed 30,000,100 won against the Defendants in the complaint (the date of final delivery to the Defendants in the complaint is January 22, 2019), and the Plaintiff claimed 134,474,346 won as of October 11, 2019. The written statement extended the purport of the claim to the Defendants on October 28, 2019. As such, the written statement was served on the Defendants on October 28, 2019, the statutory interest rate of 104,474,246 won, which is the extended amount of the claim, shall be applied by 5% per annum from the day following the date of tort to October 28, 2019.

The excessive damages for delay shall be dismissed as it is without merit.

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