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(영문) 부산지방법원 2020.01.30 2019가합44220
손해배상(기)
Text

1. The Defendants jointly committed against the Plaintiff KRW 526,00,000 and against the Defendant B, from July 24, 2019.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;

3. Part concerning partial dismissal

A. On October 24, 2018, the Plaintiff asserted that he/she spent KRW 2,810,000 with the cost of the business play, and sought damages equivalent to the above amount against the Defendants. However, there is no evidence to acknowledge the above assertion, and the Plaintiff’s claim for this part of the claim is dismissed as it is groundless.

B. While the Plaintiff claimed damages against the Defendants from the date of delivery of the duplicate of the complaint in this case, the damages for delay shall accrue from the date following the date on which the request for performance is made. Therefore, in this case, the damages for delay shall be from July 24, 2019 to the Defendant B, which is obvious on the day following the delivery of the duplicate of the complaint against the Defendants, and from August 23, 2019 to the Defendant Incorporated Incorporated Company C, respectively.

Therefore, the part of the plaintiff's damages for delay in excess is dismissed as it is without merit.

C. However, the costs of lawsuit shall be borne by the Defendants in full by applying Article 98 and the proviso to Article 101 of the Civil Procedure Act.

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