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(영문) 서울남부지방법원 2017.11.10 2017가합105600

손해배상(기)

Text

1. The Plaintiff:

A. Defendant A’s KRW 320,192,149 and interest rate of KRW 15% per annum from June 17, 2017 to the date of full payment.

Reasons

1. The description of the claim is as shown in the annexed sheet of claim.

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.

3. The Plaintiff partially dismissed part of the Plaintiff claimed against Defendant A for delay damages from October 27, 2016 and September 27, 2016, following the respective delivery date for C Station Store (a store located adjacent to D Underground Station in Seongbuk-gu, Seongbuk-gu, Seoul) and E Station Store (a store located adjacent to FF Underground E Station in Gangnam-gu) to Defendant A.

However, the cause of the claim against the defendant A is "the claim for damages under an agreement," and each of the above claims is related to a debt for which the due date has not been specified. Thus, the defendant A is liable for delay of performance from June 17, 2017, which is obviously the day after the delivery date of the duplicate of the complaint of this case.

(Article 387(2) of the Civil Act). Accordingly, the Plaintiff’s claim for damages for delay against Defendant A beyond this is rejected.