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(영문) 서울중앙지방법원 2015.02.17 2014가합37076

리스금

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall pay KRW 124,585,211 and its interest thereon from July 10, 2014 to the date of complete payment.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Grounds for recognition;

A. Judgment on deemed confession A Co., Ltd. (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)

B. Judgment by public notice by Defendant B (Article 208(3)3 of the Civil Procedure Act)

3. The part dismissing part against Defendant B: (a) calculated by calculating damages for delay calculated at the rate of 24% per annum as stipulated in the lease agreement from the date following the termination date to July 9, 2014; and (b) calculated at the rate of 24% per annum from July 10, 2014 to the date of full payment from the date following the above basic date to the date of termination.

The obligation for delay of a pecuniary obligation falls under the obligation for damages arising from the delay of the monetary obligation, and therefore, the obligor is liable for delay from the time when the obligor receives a claim for discharge from the obligee with respect to the established obligation for delay.

(see, e.g., Supreme Court Decision 2009Da59237, Dec. 9, 2010). However, there is no evidence to acknowledge the fact that the Plaintiff requested performance against the Defendant B with respect to the damages incurred until July 9, 2014. Therefore, this part of the claim is without merit.

However, the proviso of Article 101 of the Civil Procedure Act shall apply to litigation costs in consideration of the fact that only part of damages for delay is dismissed.