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(영문) 서울남부지방법원 2020.01.16 2019나53127
약정금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff B shall be modified as follows:

The Defendants are jointly and severally liable for the Plaintiff.

Reasons

1. The grounds for the final judgment of the court of first instance for the acceptance of the judgment of the court of first instance are as follows: (a) the “written rejection of payment” of the 5th judgment of the court of first instance shall be written in the “written rejection of payment”, and (b) the part of the conjunctive Plaintiff’s claim for damages incurred by delay at the court of first instance is partially dismissed

This is the same as the reasoning of the judgment of the court of first instance, except as a substitute for an additional judgment as described in paragraph (2) below, and this is cited by the main sentence of Article 420 of the Civil Procedure Act

2. The primary plaintiff claimed for the additional determination on “the portion of the claim for damages for delay by the preliminary plaintiff (Partial dismissal)” from the day following the delivery of the agreed amount and a copy of the complaint on the agreement at the instant complaint, and the damages for delay as stipulated by the Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint to the conjunctive plaintiff on May 9, 2018, the primary plaintiff did not state the purport of the claim and the cause of the claim against the conjunctive plaintiff. The primary and conjunctive plaintiff claimed the amount stated in the written application for modification as stated in the written complaint on September 21, 2018.

As such, the conjunctive Plaintiff claimed damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of a copy of the complaint on the agreed amount. However, since the document on the purport of the claim and the cause of claim against the conjunctive Plaintiff was not served from the day following the delivery of the copy of the complaint until the day following the delivery of the copy of the complaint, the damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which the conjunctive Plaintiff

Therefore, the Defendants jointly and severally file a claim against the conjunctive Plaintiff 175,000,000 won and a copy of the application for modification of the purport of the claim and the cause of the claim against the conjunctive Plaintiff from September 29, 2018, which is the day following the delivery of the copy of the application for modification of the purpose of the claim and the cause of the claim.

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