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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 38,096,00 and this shall apply.
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the following "2." Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The third 8 to 11 of the judgment of the court of first instance shall be the following:
Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from November 9, 2017 to the date of delivery of a copy of the complaint of this case, which is the date of full payment after the substantive effect of the assignment order of this case against this case, and Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) is obligated to pay damages for delay calculated at the rate of 15% per annum as requested by the plaintiff.
3. Conclusion, the plaintiff's claim should be accepted as reasonable.
The Plaintiff claimed the total amount from November 9, 2016 to the delivery date of a copy of the instant complaint, and claimed payment of 5% per annum, and 15% per annum from the next day to the date of full payment. However, the Plaintiff’s claim and the cause of the claim were reduced from May 24, 2019 to the date of full payment. The Plaintiff sought payment of damages for delay calculated at the rate of 15% per annum from the date of delivery of the copy of the instant complaint to the date of full payment, and the Defendant did not raise any objection thereto.
Nevertheless, the first instance court ordered the Defendant to pay the full amount, and ordered the Defendant to pay damages for delay calculated at the rate of 5% per annum from November 9, 2016 to November 9, 2017, which is the service date of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.
The judgment of the court of first instance is unfair as it violates the principle of disposition.