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1. The Defendant’s KRW 38,403,00 and its weight shall be the Plaintiff:
A. Of 6,00,000 won, 6,000,000 won from June 1, 2012
Reasons
1. The description of the grounds for the change in the specification of the claim;
2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. The part partially dismissed (the partial dismissal of the damage for delay).
A. The Plaintiff claimed for damages for delay calculated at the rate of 20% per annum from January 11, 2013 to the day of full payment with respect to 30 million won. However, the Plaintiff’s claim for damages for delay with respect to the unjust enrichment as of October 4, 2012, but the Plaintiff’s claim for damages for delay from March 15, 2013 to the date of filing the claim for damages for delay with the initial date of filing the claim as of the date of filing the claim for unjust enrichment. As such, the damages for delay from January 11, 2013 to March 19, 2013, the delivery date of the application for changing the claim and the cause of the claim, cannot be claimed at the rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Act”).
Therefore, this part of the plaintiff's claim that exceeds the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act is without merit, and eventually, the part of the plaintiff's claim is dismissed. Therefore, the ratio of 20% per annum as stipulated in the Special Act on the Settlement of Disasters is applied from May 23, 2013, which is
B. The Plaintiff claimed for the payment of damages for delay calculated at a rate of 20% per annum from January 11, 2013 to the date of full payment. However, the Plaintiff filed a claim for damages of KRW 10,80,000 in the Plaintiff’s complaint, but extended the claim to KRW 11,903,00 in the application for change of the purport of the claim and the cause of the claim as of March 15, 2013 (= KRW 11,100,000, KRW 803,000). As such, the damages for delay from January 11, 2013 to March 19, 2013, the delivery date of the application for change of the purport of the claim and the cause of the claim, cannot be claimed at the rate of 20% per annum as stipulated in the Act on Special Cases.
Therefore, this part of the plaintiff's claim that exceeds the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Code is without merit.