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(영문) 부산고등법원 2018.08.24 2018누21309
수용재결금증액
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. In the first instance trial, the Plaintiff sought an increase in the amount claimed as compensation for losses for each of the instant lands and obstacles, and the court of first instance accepted 199,240,380 won as compensation for losses and damages for delay calculated at the rate of 5% per annum from May 5, 2017 to October 30, 2017, and 15% per annum from the next day to the date of full payment, and dismissed the remainder of the claim.

Accordingly, only the Plaintiff filed an appeal against the judgment of the court of first instance regarding the damages for delay calculated at the rate of 10% per annum from May 13, 2017 to October 30, 2017, the delivery date of a copy of the application for modification of the claim and the cause of claim of this case (hereinafter “application for modification of claim of this case”) with respect to the part against which the judgment of the court of first instance was lost, i.e., e., 199,240,380 won, from May 13, 2017. The scope of the judgment of this court is limited

2. The reasoning for this part of the court, such as the reasoning for the ruling, is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the text of Article 420 of the Civil Procedure Act.

3. Judgment on the plaintiff's assertion

A. In amending the purport of the instant claim on October 25, 2017, the Plaintiff filed a claim for payment of the amount calculated by applying the rate of 5% per annum as stipulated in the Civil Act from May 5, 2017 to the delivery date of a duplicate of the instant complaint from May 5, 2017, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”) to the date of full payment.

However, the court of first instance is limited to the amount calculated by the rate of 5% per annum from May 5, 2017 to October 30, 2017, the delivery date of a copy of the application for modification of the claim of this case, and 15% per annum from the next day to the date of full payment.

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