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(영문) 서울중앙지방법원 2020.05.28 2019가합553139
손해배상 등 청구의 소
Text

1. The defendant shall pay to the plaintiff KRW 1,00,000,000 among the costs and KRW 200,000,100 among the costs and shall be fully paid from December 4, 2019.

Reasons

1. The description of the grounds for claim and the changed grounds for the claim shall be as specified in the attached Form;

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act).

3. On December 4, 2019, the day following the delivery date of a copy of the instant complaint, the Plaintiff seeking damages for delay at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from December 4, 2019 to the day of full payment.

However, the Plaintiff filed a claim of KRW 200,000,100 in the instant complaint, but expanded the purport of the claim to KRW 1,00,000,000 in the instant application form for modification of the purport of the claim and the cause of the claim. As such, the Plaintiff’s claim to KRW 79,99,90,900 (= KRW 1,00,000,000 - KRW 200,000), from December 4, 2019 to March 4, 2020, the delivery date of the said application for modification, the amount of KRW 5% per annum under the Civil Act and the amount of delay compensation interest rate of KRW 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of complete payment.

Therefore, the plaintiff's claim for damages for delay is accepted only within the scope of the above recognition, and the claim for damages for delay exceeding the scope is dismissed as there is no ground.

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