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1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced in this court, shall be modified as follows:
Reasons
1. The reasoning of the judgment of the court of first instance, citing the instant case, is as stated in the reasoning of the judgment of the court of first instance, in addition to the part to be determined by the defendant as to the assertion added in the trial as follows, and thus, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[Supplementary portions] On the eight pages of the judgment of the first instance, each of the 5, 6, 10 pages 1 below, 4, 5, 14 below, 1, 15, 15, 15, 9, 5, 18 pages 16 below, and 9 of the 18th 18th 9 below shall be deemed to be “cancellation.”
9.9. 2, 3.-2
A. 3) Therefore, the Plaintiff claims against the Defendant for the payment of KRW 1.36 billion (i.e., penalty of KRW 1.60 billion as part of the estimated amount of damages for the above KRW 1 billion and damages for delay.
We agree with the judgment of the court of first instance. The 9th page 10 of the judgment of the court of first instance “unfair” is regarded as “unfair.”
11 to 13. 3. of the first instance judgment
(c)Paragraphs 3) are as follows:
As seen earlier, the fact that the instant lease contract was rescinded due to the Defendant’s cause attributable to the Defendant is identical. Therefore, the Defendant is obligated to pay the Plaintiff the estimated amount of damages for KRW 360,000,000 and damages for delay.
From 18th of the first instance judgment, the following three to 19th of the 19th of the 19th sentence (3. E.) shall be followed:
Therefore, the Defendant’s KRW 1.36 billion (i.e., KRW 360 million in estimated amount of damages for KRW 1 billion) and the amount of damages for delay calculated by an agreement of 18% per annum from September 14, 2018 to the date of full payment with respect to KRW 1 billion, and (ii) for KRW 300 million, the statutory interest rate of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 14, 2018 to May 31, 2019 (wholly amended by Presidential Decree No. 29768, May 21, 2019) shall be 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and from the following day to the date of full payment with respect to the litigation promotion, etc.