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(영문) 광주지방법원 2020.02.14 2019가단24815

물품대금

Text

1. The Defendant’s KRW 160,000,000 as well as 5% per annum from May 18, 2019 to December 31, 2019 to the Plaintiff.

Reasons

1. A cited part (other part excluding the other part referred to below);

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

2. The Plaintiff’s dismissal portion is seeking 12% damages for delay from May 18, 2019 to December 31, 2019, the delivery date of a copy of the instant complaint from May 18, 2019 to December 31, 2019. However, there is no evidence to prove that the Plaintiff and the Defendant agreed on 12% damages for delay during the above period, and there is no evidence to prove that the rate of damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies after the delivery date of a copy of the complaint. Thus, the Plaintiff’s damages for delay exceeding the above period is recognized only as 5% damages for delay under the Civil Act for the principal amounting to 160,000,000,000 won after the delivery date of