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(영문) 서울남부지방법원 2016.08.12 2016나51595
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Counterclaim defendant) against the defendant (Counterclaim plaintiff).

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, as it is, except for the following reasons.

In the fourth decision, the part of the “determination on the cause of the counterclaim” is as follows.

According to the above facts of recognition, the Plaintiff is damages for delay calculated at the rate of 20% per annum from July 1, 2013 to July 16, 2014, as agreed upon in the instant delegation agreement, for the Defendant’s advance payment of KRW 5,00,000 and performance payment of KRW 82,96,575 [Article 30,00,000 KRW 114,832,870 = 95,00,000 KRW 19,832,877 KRW 19,832,877 KRW 95,00,000 for KRW 95,00,000.

In this regard, the defendant asserts that the compensation for delay by March 10, 2015, which the plaintiff received the amount based on the judgment of this case from C, should be considered as the basis for calculation of the performance compensation. However, barring any special circumstance, the defendant's delegated affairs can be immediately claimed due to the termination of the entrusted affairs of the court of first instance on July 16, 2014, and the interest included in the value of the economic benefit acquired by winning the judgment is actually received by the client, or is extended to the time the defendant claims the payment of the performance compensation, there is an unreasonable reason to vary in the amount of the performance compensation according to the client's execution time of the judgment or the defendant's claim period of the performance compensation. In light of the fact that there is no property to be executed by the execution debtor, and there is a contradiction that the client who has not received the amount of the performance compensation for a long time, rather than the client who has not been paid the amount on the judgment of this case, the amount of interest calculated based on the economic benefit acquired by winning the judgment shall be calculated by the court.

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