(영문) 서울고등법원 2015.07.15 2015나2016734

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(영문) 서울고등법원 2015.07.15 2015나2016734

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The reasons for this part of the facts of recognition are stated in Paragraph 1 of the judgment of the first instance except for addition or dismissal as follows:

(The main sentence of Article 420 of the Civil Procedure Act). In the second place, “the name of the second place” is added to “the cause of trade.”

Part 3 10-12 shall be advanced as follows:

E. In the above process, the Plaintiff spent 8,603,087 won [3,387 won for delivery of KRW 209,700 ( KRW 71,700 - KRW 37,613) for attorneys’ fees] in total, including stamp, delivery fees, and attorney fees. After the administrative litigation was terminated upon withdrawal of the lawsuit, the Plaintiff filed an application with the head of Suwon District Court 2014Da1116 on December 23, 2014 for the burden and final determination of litigation costs incurred from withdrawal of the lawsuit against the Plaintiff, the Plaintiff borne the remainder of the litigation costs, and the amount of litigation costs that the director of the branch office has to reimburse to the Plaintiff is KRW 842,525,70 for litigation costs related to the administrative litigation, the amount of litigation costs related to the lawsuit costs to be reimbursed to the Plaintiff.

Part 3 13 is added to "A No. 34".

2. Determination

A. According to the facts found by the Defendant’s obligation to compensate for damages, the Defendant is obligated to pay to the Plaintiff damages equivalent to KRW 7,762,780 ( KRW 8,603,087 - KRW 840,307) in violation of the instant agreement. As such, the Defendant is obligated to pay damages for delay at each rate of 5% per annum under the Civil Act from January 7, 2015 to February 26, 2015, which is the day following the delivery of a copy of the instant claim and the written application for modification of the cause of the claim, for which the Plaintiff sought compensation for damages, and from the following day to the day of full payment.

The Plaintiff filed an application for change of the purport and cause of the claim of this case.

참조조문

-민법

-민사소송법 제420조

-소송촉진 등에 관한 특례법

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