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(영문) 서울중앙지방법원 2020.07.10 2020가합515065
손해배상(기)
Text

1. The defendant,

A. The Plaintiff Co., Ltd.’s KRW 161,181,00 and the year from October 18, 2018 to July 10, 2020.

Reasons

1. The reasons for the attachment to the indication of the claim and the relevant written judgment (In Incheon District Court Decision 2018 High Court Decision 4826) are as stated in the attached Form;

2. Judgment on deemed confessions of applicable provisions of Acts (Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act);

3. Some rejection parts (as to Plaintiff A Co., Ltd.), the Plaintiff Co., Ltd. claimed against the Defendant for damages calculated at the rate of 6% per annum as prescribed by the Commercial Act from October 18, 2018 to the delivery date of a copy of the complaint of this case, which is the last illegal act, as the Plaintiff Co., Ltd. sought against the Defendant, for the damages for delay calculated at the rate of 161,181,00 won for tort and 6% per annum as to the damages for delay from October 18, 2018 to the delivery date of a copy of the complaint of this case. However, the commercial statutory interest rate under Article 54 of the Commercial Act is applicable to obligations arising from commercial acts or obligations similar thereto, and is not applicable to damages liability arising from non-commercial acts (see Supreme Court Decision 2003Da34045, Mar

Therefore, until the date of the pronouncement of the judgment of this case, the rate of 5% per annum as stipulated in the Civil Code should be applied to this part.

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