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(영문) 인천지방법원부천지원 2020.09.11 2020가합102135
손해배상(기)
Text

1. The Defendant’s KRW 502,247,317 as well as the Plaintiff’s annual rate from May 1, 2019 to July 17, 2020, and the following.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no ground for recognition (Article 208 (3) 1 of the Civil Procedure Act);

3. The statutory interest rate for commercial activities under Article 54 of the Commercial Act applies to obligations arising out of, or similar to, commercial activities. It does not apply to liability for damages arising out of, non-commercial activities (see, e.g., Supreme Court Decision 2003Da34045, Mar. 26, 2004). It is difficult to deem that liability for damages under Article 401 of the Commercial Act, the cause of the instant claim, is an obligation arising out of, or similar to, a commercial activity. Therefore, the Plaintiff’s claim for damages exceeding the annual rate of 5% from May 1, 2019 to the date of delivery of a duplicate of the instant complaint, on the grounds that there is no justifiable reason.

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