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(영문) 대전지방법원천안지원 2019.12.06 2019가합101130
사해행위취소
Text

1. Defendant B pays KRW 446,286,411 to the Plaintiff.

2.(a)

Attached Form 1.3 between Defendant B and Defendant C.

Reasons

1. The description of the reasons for the claim is as shown in Appendix 2;

2. Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: A judgment of deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act).

3. The Plaintiff partially dismissed part shall claim damages for delay calculated at the rate of 15% per annum to Defendant C Co., Ltd. from the day following the day this judgment became final and conclusive to the day of full payment.

However, the proviso of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings excludes the application of the main text in cases of future performance lawsuits, and the claim for compensation for the value in a lawsuit seeking future performance, which is subject to the proviso of the above Article. Therefore, the ratio of damages for delay should be calculated at a statutory rate in civil law.

Therefore, the plaintiff's damages for delay is recognized only within the limit of the amount calculated by the ratio of 5% per annum under the Civil Code.

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