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1. The defendant shall pay to the plaintiff the amount of KRW 553,60,832 and the amount of KRW 291,663,430 from March 29, 2017 to the date of full payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment without any ground (Articles 208 (3) 1 and 257 of the Civil Procedure Act);
3. On the premise that KRW 58,36,570, which was distributed on March 28, 2017 in the case of a real estate auction case by the Incheon District Court C, was appropriated for the principal amount of KRW 350,00,000, the Plaintiff in part, except for this, seek damages for delay from September 1, 2012, which is the day following the due date for repayment.
However, in cases where dividends distributed in the course of a voluntary auction fall short of extinguishing all secured claims held by the secured party, the designated appropriation of performance or agreement on appropriation of performance cannot be permitted and uniformly appropriated according to the method of statutory appropriation of performance under Articles 477 and 479 of the Civil Act (see Supreme Court Decision 2000Da51339, Dec. 8, 200), which is the most equitable method of appropriation for performance (see Supreme Court Decision 2000Da51339, Dec. 8, 200), and the above 58,336,570 won shall be appropriated for part of damages incurred from September 1, 2012 to March 28, 2017, which is not the principal, from 320,273,972 won (i.e., 350,000,0000 x 0.2 x 1670/365, 00 won).
Therefore, the Plaintiff’s damages for delay until March 28, 2017 remains at KRW 261,937,402, excluding the above KRW 58,336,570, from KRW 320,273,972 to KRW 58,36,570. Therefore, the Plaintiff’s damages for delay until March 28, 2017 = 291,63,63,430 x 0.2 x 1670/365) are without merit.
(A) The Plaintiff is seeking only 291,663,430 out of the principal amount of KRW 350,000,000, and damages for delay thereof. Therefore, the Plaintiff is not determined as to the exceeding part in accordance with the principle of disposition right).