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(영문) 서울동부지방법원 2016.09.23 2016가단111165
손해배상(기)
Text

1. The defendant's KRW 26,319,00 for the plaintiff and 5% per annum from January 18, 2003 to January 11, 2006.

Reasons

According to the reasoning of the judgment as to the cause of the claim Gap 1 and 2, the plaintiff filed a lawsuit against the defendant as Seoul Central District Court 2005Kadan40389, and the defendant asserted that he embezzled KRW 26,319,00 while he worked as the occupation of the clothes shop operated by the plaintiff. On April 12, 2006, "the defendant shall pay to the plaintiff 26,319,000 won with 5% per annum from January 18, 2003 to January 11, 2006, and 20% per annum from the next day to the day of complete payment." The above judgment is recognized as having become final and conclusive on May 11, 206.

According to the above facts of recognition, upon the plaintiff's claim to suspend the extinction of the prescription period of the above judgment claim, the defendant is obligated to pay to the plaintiff 26,319,000 won with 5% per annum from January 18, 2003 to January 11, 2006, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the day of full payment.

(A) The plaintiff filed a claim for the payment of damages for delay calculated at the rate of 20% per annum from January 12, 2006. However, according to the amended provisions of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the plaintiff shall order the payment of damages for delay calculated at the rate of 15% per annum from October 1, 2015. Thus, the defendant's claim for the above excess portion shall not be accepted. As to the defendant's claim, the defendant's damages at the time of the above judgment were not accurately calculated, and in particular, it is argued that the value of the defendant's computer brought to the plaintiff at will was not reflected. However, the defendant's claim is against the res judicata

In conclusion, the plaintiff's claim is accepted within the scope of the above recognition.

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