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(영문) 청주지방법원 충주지원 2018.08.30 2018가합5133
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 306,949,00 and KRW 221,44,00 among them, from August 5, 2004, KRW 85,505,00.

Reasons

In full view of the purport of Gap's statements and arguments, the plaintiff filed a lawsuit against the defendant as Seoul Eastern District Court 2006Gahap6803, Jan. 18, 2008 (the court below ruled that "the defendant would pay to the plaintiff 221,44,000 won and damages for delay from August 5, 2004, 85,505,000 won as well as damages for delay from April 20, 2005 to January 18, 2008, and 20% per annum from the next day to the day of full payment (the rate as stipulated in the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.). It is acknowledged that the above judgment was finalized on February 13, 2008.

According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 306,949,000 won (=221,44,000 won) and to pay 221,44,00 won with 85,505,00 won with 5% per annum from April 20, 2005 to January 18, 2008, respectively, and 20% per annum from the next day to September 30, 2015 to October 1, 2015, the amended provisions on statutory interest rate of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26515, Sep. 25, 2015).

In addition, the lawsuit of this case is also recognized as a qualification for protection of rights since the lawsuit of this case was filed for the interruption of prescription.

If so, the plaintiff's claim is justified.

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