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(영문) 부산고등법원 2016.01.14 2015나4542
약정금 등
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below.

Reasons

In light of the above legal principles, the court below's determination of the court below's determination of this case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case'

B. 4) In addition to using the item in the lawsuit as follows, it is identical to the part on the reasoning of the judgment of the court of first instance. As such, it shall be quoted pursuant to the main sentence of Article 420 of the Civil Procedure Act.

“The facts indicated above are as stated in the preceding facts. Therefore, when calculating the contingent remuneration pursuant to the above provision, it is 389,840,809 won [2,832,197,513 won - all the litigation costs 233,258,780 won] x 15%, and hereinafter the same shall apply].

* As a result, the Defendant is obligated to pay 343,059,911 won = 311,872,647 value-added tax of value-added tax of 31,187,264 won and delay damages to the Plaintiff.

* 2-

B. 4) Accordingly, the Defendant is obligated to pay to the Plaintiff 587,318,691 won (i.e., the retainer fee and value-added tax 11,00,000 won and the cost of the lawsuit for lending KRW 343,258,780 as well as the cost of the lawsuit for lending KRW 343,259,911, and the difference between the date of delivery of a copy of the complaint of this case and the date of the decision that it is reasonable for the Defendant to dispute the existence or scope of the obligation from August 13, 2013 to January 14, 2016, and 200% per annum as stipulated in the Civil Act and from the following day to the date of full payment. Even if a part of the Defendant’s deposit is revoked by a judgment of the first instance court, the difference is subject to the refund.

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