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(영문) 서울북부지방법원 2018.09.20 2018가단432
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from July 12, 2018 to the day of complete payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Article 208 (3) 1 and Article 257 of the Civil Procedure Act;

3. The Plaintiff partially dismissed filed a claim for late payment damages from January 11, 2008, the lease date for the Defendant, to the delivery date of a copy of the complaint of this case. However, the obligation for late payment damages falls under the obligation due to delay of the monetary obligation, and thus, the obligor is liable for delay from the “when receiving a claim for performance” from the obligee (see Supreme Court Decision 2009Da59237, Dec. 9, 2010). The initial date of the payment for late payment damages is July 12, 2018, the following day after the delivery date of a copy of the complaint of this case, which can be seen as the “request for performance”, and the claim for late payment damages is dismissed as it is without merit.

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