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(영문) 서울남부지방법원 2016.01.08 2015가합6235

정산금

Text

1. The defendant shall pay 389,041,096 won to the plaintiff and 20% per annum from September 22, 2007 to the day of full payment.

Reasons

1. Indication of claim;

A. On July 20, 2005, the Plaintiff (hereinafter “Plaintiff”) filed a lawsuit against the Defendant for the claim for settlement of accounts against the Defendant (around 20, 2005, a conciliation was concluded between the Plaintiff and the Defendant with the following content:

(Seoul High Court 2005Na7308). The defendant shall pay to the plaintiff KRW 500,000,000 on October 31, 2005, but if the payment is delayed, the unpaid amount shall be paid by adding the damages for delay at the rate of 20% per annum from November 1, 2005 to the date of full payment.

B. On September 21, 2007, the Defendant repaid the Plaintiff KRW 300,000,000,000 to the effect that the Defendant paid the Plaintiff damages for delay up to the date of repayment 189,041,096 won (=50,000,000 x 20% x 690 days/365 days) and the principal 110,958,904 won (=300,000,000 - 189,041,096 won - 50,000,0000,000 - 110,958,904 won) remaining.

C. The plaintiff could not find the defendant's property and did not execute the above adjustment. Thus, the plaintiff filed the lawsuit of this case in order to prevent the expiration of the extinctive prescription of the remaining claims.

2. Judgment made based on the deemed confession based on recognition (Article 208 (3) 2 of the Civil Procedure Act).