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(영문) 수원지방법원안산지원 2020.02.20 2017가합6891
손해배상(기)
Text

1. The instant lawsuit was concluded upon January 1, 2020 by a decision in lieu of conciliation as of November 8, 2019, which became final and conclusive on January 1, 2020.

2...

Reasons

Facts of recognition

The following facts are not disputed between the parties or evidently recorded:

The Plaintiff (Counterclaim Defendant; hereinafter referred to as “Plaintiff”) provided, however, that the content of the decision in lieu of the conciliation as seen below is to use the expression “Plaintiff (Counterclaim Defendant)” and “Defendant (Counterclaim Plaintiff)” as it is for the purpose of moving the content as it is. On May 26, 2017, the Plaintiff filed a lawsuit against the Defendant (Counterclaim Plaintiff; hereinafter referred to as “Defendant”) seeking payment of KRW 235 million and damages for delay, and thereafter, filed a lawsuit seeking payment of KRW 172,867,300 and damages for delay on October 24, 2019, and subsequently reduced the final purport of the claim.

On January 18, 2019, the defendant filed a counterclaim seeking payment of KRW 428,840,500 and delay damages.

On November 8, 2019, at the second conciliation date, the second conciliation date of the instant case notified the Defendant’s spouse C as a conciliation intervenor under Article 16(2) of the Judicial Conciliation of Civil Disputes Act.

In addition, when a commissioned judge fails to reach an agreement between the parties on the above date of mediation, the commissioned judge notified the following decision in lieu of conciliation (hereinafter “instant decision”).

【Decision of this case】

1. The Defendant (Counterclaim Plaintiff) and the conciliation intervenor jointly and severally pay 60 million won to the Plaintiff (Counterclaim Defendant) by December 6, 2019, but if delay is made, the damages for delay calculated by adding 12% per annum from the next day to the day of full payment to the day of full payment.

2. In addition to paragraph 1, the Defendant (Counterclaim Defendant) shall additionally pay to the Plaintiff (Counterclaim Defendant) KRW 40 million not later than December 31, 2021, on an additional basis:

A. Payment of 20 million won by December 31, 2020 and 20 million won by December 31, 2021, in two installments, respectively;

(b) if any;

If the date of a port is delayed at least once, the benefit of time shall be immediately lost, and the remaining amount after deducting the money paid up to 60 million won shall be the day after the date of loss of the benefit of time.

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