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(영문) 광주지방법원 2018.10.19 2018나2451
구상금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for admitting the judgment of the court of first instance are as follows, and the reasons for admitting the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the

2. Parts in height:

(a) from 5th sentence to 10th sentence of the first instance court are as follows:

Since a final and conclusive judgment in favor of a party has res judicata effect, the parties cannot file a new suit based on the same subject matter as the final and conclusive judgment, in principle, or in exceptional cases where there are special circumstances, such as interruption of prescription, a new suit shall be allowed exceptionally. In such a case, the judgment in favor of a new suit shall not conflict with the contents of the final and conclusive judgment in favor of the previous suit. Therefore, the court in the subsequent suit shall not re-examine whether all requirements are satisfied

(See Supreme Court Decision 2010Da61557 Decided October 28, 2010 (see, e.g., Supreme Court Decision 2010Da61557). According to the above facts, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff KRW 218,354,454 (Plaintiff is seeking payment of KRW 218,474,225, but the damages for delay up to January 25, 2018, which was finalized by the Decision of 2006Da24067, supra, shall be calculated as follows. As such, the damages for delay exceeding KRW 218,354,454, supra, are without merit) and damages for delay calculated at the rate of 15% per annum from January 26, 2018 to the date of full payment.

Items 69,182,321 won per annum from July 7, 1998 to January 16, 2008 5% delay damages 6,353,370 won per annum 6,33,333 won x [94/366 (from July 07, 1998 to January 16, 2008) x 5% delay damages 5% x 9,808,281 won from December 24, 2003 to January 16, 2008 x 1,93,814 won x 605% per annum x 207.46% per annum x 207.46% per annum 56.6% per annum x 207.46% per annum x 207.46% per annum x 207.45% per annum x 16.65% per annum 205% per annum.

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