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1. As to the Plaintiff, Defendant A and B jointly and severally KRW 692,119,308 and KRW 690,057,936 among them, Defendant A and B shall be jointly and severally liable for damages incurred to the Plaintiff on October 8, 2014.
Reasons
1. The description of the cause of claim and the changed cause of claim shall be as shown in attached Form 1;
2. Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice) of the applicable provisions of Acts;
3. Part concerning partial dismissal.
A. Even after October 1, 2015, the Plaintiff claimed damages for delay at the rate of 20% per annum. However, under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 25, 2015, the statutory interest rate was changed to 15% per annum. In cases where pleadings are concluded after October 1, 2015 under Article 2(2) of the Addenda of the same Act, the statutory interest rate of 20% per annum under the previous provision is applied until September 30, 2015, and the annual interest rate of 15% from October 1, 2015, as the statutory interest rate of 15% per annum under the amended provisions, the Plaintiff’s damages for delay calculated at the rate of 15% per annum after October 1, 2015, is dismissed.
B. The plaintiff in the part of the claim for revocation of fraudulent act claimed damages at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day following the day when this judgment became final and conclusive to the day of full payment (see Supreme Court Decision 2000Da3583, Jun. 14, 2002). However, the obligation to compensate for the equivalent amount arises only when the judgment ordering revocation of fraudulent act becomes final and conclusive (see Supreme Court Decision 2000Da3583, Jun. 14, 2002). The claim for compensatory damages is seeking future performance, and the application of the main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is excluded pursuant to the proviso of Article 3(1) of the same Act.