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(영문) 서울중앙지방법원 2018.03.28 2017가합588827
손해배상(기)
Text

1. The defendant,

A. Each of the designated parties listed in the separate sheet, including the Plaintiff (Appointeds) C, D.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. Some of the designated parties C and D shall claim payment of damages for delay calculated at the rate of 15% per annum from the day following the day on which a copy of the complaint in this case is served on the full amount of the claim.

However, the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings apply from the day following the day on which a written complaint demanding the performance of a monetary obligation or a document corresponding thereto was served on the obligor. It is clear in records that C requested only KRW 19,400,000 in the complaint, and KRW 9,650,00 in the Selection, and KRW 39,160,000 in the Selection, and KRW 19,450,00 in the Selection, and KRW 19,450,00 in the application for modifying the purport of the claim.

Therefore, the extended claim amount: (i) Selection C shall be KRW 19,760,00 (=39,160,000 - KRW 19,400,000); (ii) Selection D shall be KRW 9,80,000 (=19,450,000 - KRW 9,650,000) - 9,650,000), on the following day after the copy of the application for modification of the purport of the claim that the said Selection sought to perform was served on the Defendant; and (iii) 15% of the statutory interest rate under the aforementioned Act shall be applied from January 9, 2018; and (iv) part of the claim for delay damages of the said Selection shall be dismissed.

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