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1. The Defendant’s KRW 35,00,000 as well as the Plaintiff’s KRW 20% per annum from November 31, 2008 to September 18, 2018, and the following.
Reasons
1. The indication of the claim - In the case of Incheon District Court 2007da639, 2008Gadan48369 (Counterclaim), the lawsuit for the extension of the extinctive prescription of the claim based on the conciliation protocol of the case - The above conciliation protocol states that “the Defendant shall pay the Plaintiff KRW 35 million by November 30, 2008, but if the same is not paid, the damages for delay shall be paid from the day following the date of payment.”
Therefore, only damages for delay from November 31, 2008 can be recognized.
(A) Article 208(3)1 and Article 257 of the Civil Procedure Act provides that the Defendant shall bear the costs of the lawsuit on the grounds that the part dismissed is extremely small. (2)