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1. The Defendant’s KRW 7,969,387 as well as the Plaintiff’s annual rate of 5% from November 27, 2019 to June 9, 2020.
Reasons
The Plaintiff and the Defendant, the heir of the deceased C, the Plaintiff, the Defendant, etc. succeeded to the land of Gwangju Mine-gu on February 1, 1970, the Plaintiff’s share was 11/98, the Defendant leased the land to E Hospital from November 14, 2015 and received rent. The fact that the amount equivalent to the Plaintiff’s share among these rents is 7,969,387, does not conflict between the parties.
Therefore, the defendant is obligated to pay to the plaintiff 7,969,387 won and the delay damages calculated at the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from November 27, 2019 to June 9, 2020, on which the defendant served the application form for modification of the purport of the claim and the cause of the claim, which is the day following the delivery of the duplicate of the complaint in this case, to the plaintiff.
From November 27, 2019, the Plaintiff sought payment of damages for delay at the rate of 12% per annum. However, the Plaintiff sought payment of KRW 17,140,000 at the Plaintiff’s complaint, and filed an application for modification of the purport and cause of the claim and reduced the requested amount to KRW 7,969,387. The Defendant is reasonable to resist the scope of performance obligations until the application for modification of the purport and cause of the claim is served. Accordingly, the Plaintiff’s assertion on this part is without merit.
In relation to the costs of lawsuit, the defendant, in the reply, filed a lawsuit with the plaintiff at the time of the plaintiff and F, according to the ratio of shares in which the amount he received at the hospital and the amount he deducted the tax paid.
The mediation was concluded that the payment of 11,857,142 won was made to F, and that the payment was made to F.
However, the plaintiff refused to attend the meeting on the date of mediation, and the F was paid for mediation in this case that returned to the lawsuit.