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(영문) 서울남부지방법원 2017.03.03 2016가합112717
손해배상(기)
Text

1. The Defendant: (a) on October 7, 2005, 200 won to neighboring Plaintiff musical companies and its related thereto, from October 7, 2005 to December 2016.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Article 208 (3) 1 of the Civil Procedure Act of the applicable Act;

3. The dismissed part

A. The main part of the dismissal against the primary plaintiff asserts that 6% per annum, a commercial interest rate, shall be applied to damages for delay until the delivery date of a duplicate of the complaint of this case. However, the commercial interest rate shall not apply to the damages for tort (see, e.g., Supreme Court Decision 84Meu966, May 28, 1985). Thus, the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act by the date of delivery of a duplicate of the complaint of this case shall be recognized, and the excess part

B. The conjunctive Plaintiff’s claim against the conjunctive Plaintiff is accepted, and thus, the conjunctive Plaintiff’s claim is dismissed pursuant to Article 70(2) of the Civil Procedure Act.

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