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(영문) 서울고등법원 2016.11.08 2016누53199
변상금채무부존재확인
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to confirming the absence thereof shall be revoked.

Reasons

1. The amount calculated from the date on which the notice of the occupancy period of the previous portion of the arrears amount per annum 203,695,8801,8268,369,970 42,065,850 on January 1, 2004 to December 31, 2007 ( October 10, 2008) / [2] 23,912,69012, 24812, 264, 260, 360, 8269, 869, 979, 209, 208, 209, 208, 306, 209, 209, 209, 306, 264, 260, 176, 950, 209, 36, 208, 209, 306, 209, 206.7.

On March 3, 2014, the Defendant deducted the amount paid by the Plaintiff from the late payment charge calculated by applying the late payment rate of 15% per annum to March 3, 2014 from the date on which the existing payment deadline expires, and then urged the payment of indemnities as follows.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The obligation to compensate for the period from January 1, 2004 to December 31, 2007 (hereinafter “instant indemnity obligation”).

(2) On October 1, 2011, the date following the due date of payment, the extinctive prescription of October 10, 201, which was completed on October 10, 2015, and five years after the due date of payment, is no longer nonexistent. (2) Since the Plaintiff’s occupation of the instant land is a residential purpose, the Defendant is required to calculate the instant indemnity by applying the loan fee rate of 2%, but the Defendant is deemed to be a commercial purpose and calculated the instant indemnity by applying the loan fee rate of 5%.

3) On March 3, 2014, the Defendant paid part of the instant indemnities that the Defendant demanded the Plaintiff to pay. (B) Determination 1) Whether the extinctive prescription of the instant indemnity liability has expired is the right to impose indemnity and its related matters.

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