(영문) 광주고등법원 2016.10.05 2014나4179 | 리걸엔진

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(영문) 광주고등법원 2016.10.05 2014나4179

정산금

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 70,798,398 and its interest on March 27, 2013.

Reasons

1. Scope of the judgment of this court;

A. In the first instance court, the Plaintiff claimed payment of KRW 141,202,30 with the settlement amount following the termination of a partnership agreement, and damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. The court of first instance rendered a judgment dismissing the remainder of the Plaintiff’s claim against the Defendant by ordering the Defendant to pay to the Plaintiff 42,701,815 won, and damages for delay calculated at the rate of 5% per annum from March 27, 2013 to October 10, 2014, and 20% per annum from the next day to the day of full payment.

B. As to the judgment of the first instance court, the Plaintiff appealed to the part of the first instance judgment against the Defendant seeking payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. However, the Plaintiff appealed to the part claiming payment of damages for delay calculated at the rate of 121,036,126 won per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment, and the damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the complaint of this case to the day of full payment. Accordingly, the purport of appeal is to reduce the amount of damages for delay calculated at the rate of 78,34,312 won against the Defendant (i.e., 121,036,126 won - 42,701,815 won) and from the day following the delivery of a copy of the complaint of this case to the day of full payment.

C. Therefore, among the judgment of the court of first instance, the Plaintiff’s claim within the scope of the reduced claim is the scope of the judgment of this court.

2. Basic facts

A. On December 1, 2010, the Plaintiff and the Defendant, as a pharmacist, set the ratio of shares of “D pharmacy” (hereinafter “instant pharmacy”) to Plaintiff 50% and Defendant 50%.

유사 판례

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