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(영문) 의정부지방법원고양지원 2016.04.20 2016가합70492

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 250,00,000 and the interest rate of KRW 15% per annum from February 18, 2016 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 holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. On October 1, 2014, the Plaintiff seeking payment of damages for delay from October 1, 2014 to the delivery date of a copy of the complaint of this case, where the Defendant’s refusal to repay the damages of this case is clearly indicated.

However, unless the due date is determined, the obligor shall be liable for delay from the following day after receiving the claim for performance (see Supreme Court Decision 2012Da29557, Apr. 10, 2014). Thus, the Defendant shall be liable for delay from the day after receiving the claim for performance, since the damage liability based on the Defendant’s refusal of performance is an obligation for which the due date is not fixed, and the Defendant shall be liable for delay from the day when receiving the claim for performance. Therefore, the Plaintiff’s claim for delay damages