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(영문) 수원지방법원 성남지원 2018.05.01 2017가합409451

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 255,60,797 and the interest rate of KRW 15% per annum from March 10, 2018 to the date of full payment.

Reasons

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

2. Article 208 (3) 3 of the Civil Procedure Act applicable provisions of Acts.

3. The part of the claim for indemnity, which partially dismissed, constitutes a claim without setting a deadline, and thus, the obligor is liable for delay from the day following the day on which the obligee received the claim for performance from the obligee. Since it is apparent in the record that the duplicate of the complaint of this case stating the Plaintiff’s declaration of intent to demand performance was served on the Defendant on March 9, 2018, the Defendant is liable for delay from March 10, 2018.

Therefore, the part of the plaintiff's claim for damages for delay is without merit.

4. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.