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(영문) 수원지방법원 2016.04.12 2015가단57641

물품대금

Text

1. The defendant jointly with the non-party C and the plaintiff

A. Of KRW 34,396,00 and the said money, KRW 29,120,500 among the said money and KRW 34,39,000. < Amended by Act No. 14200, Apr. 13,

Reasons

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

(2) According to the judgment by public notice by applicable provisions of law (Article 208(3)3 of the Civil Procedure Act), the Defendant paid the Plaintiff KRW 45,360,000 on June 30, 2014, (15,000 on June 15, 2015, (2) KRW 15,00,000 on June 30, 2015, (3) KRW 45,360,000 on June 15, 2016, and (45,360,000 on June 30, 2016, the Defendant paid KRW 29,120,50 on the last day of 20,50 on the last day of each month to the Plaintiff.

Therefore, the Defendant is obligated to pay 34,396,00 won (i.e., interest of KRW 29,120,50 in total and interest of KRW 29,396,50 in total and interest of KRW 30,000 in total and interest of KRW 30,120,50 in up to April 12, 2016, which is the date of the judgment of this case where it is reasonable for the Defendant to resist the existence or scope of the obligation to perform the Plaintiff (i.e., KRW 56,00 in total and interest of KRW 30,120,50 in total and interest of KRW 29,396,00 in total and interest of KRW 4,340 in each month from the end of September 2015 to March 12, 2016) and annual interest of KRW 29,120,50 in the above money, calculated by the rate of special cases concerning the promotion of litigation from April 13, 2016.

(1) Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). From October 1, 2015, the rate of damages for delay applied pursuant to Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings was changed to 15%. Therefore, in this case, the rate of damages for delay applied from April 13, 2016 to the date of the original judgment shall be applied, and the Plaintiff’s claim in excess of the above rate of damages for delay shall be dismissed as there is no justifiable reason. Meanwhile, the amount of damages for delay exceeding the above rate of damages for delay shall be set at KRW 15,360,00 on June 30, 2016, the Defendant is obligated to pay KRW 15,360,000 upon arrival of June 30, 2016.