beta
(영문) 의정부지방법원 고양지원 2018.06.28 2018가단74316

기타(금전)

Text

1. The defendant shall pay to the plaintiff KRW 67,00,000 as well as KRW 55,00,000 among them, from November 6, 2014 to the day of full payment.

Reasons

1. Indication of claims: To be as shown in attached Form of claims;

(2) As to the damages for delay against the 12 million won of the purport of the claim, the amendment was made in accordance with the purport of the claim and the application for modification of the cause of the claim as of June 8, 2018.

3. Partial dismissal: The Plaintiff claimed damages for delay calculated at a rate of 15% per annum from the day after the original copy of the instant payment order was served to the day of complete payment with respect to KRW 12 million among the claims. However, the part of KRW 5 million among the above money was extended through the application for modification of the purport of the claim and the cause of the claim on May 17, 2018. Even if the Plaintiff’s assertion itself is based on the Plaintiff’s own claim, the above part’s obligation is a debt without a fixed deadline. As such, regarding the above five million won portion, the Plaintiff’s claim as of May 17, 2018, which is the highest date of performance, and the damages for delay from the day after the duplicate of the application for alteration of the cause of the claim