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(영문) 인천지방법원 2016.11.03 2016가단232251
약정금
Text

1. The Defendant’s KRW 167,780,00 for the Plaintiff and KRW 20% per annum from September 21, 2006 to September 30, 2015.

Reasons

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

(Provided, That the grounds for recognition on February 2: Article 208(3)2 and Article 150(3) of the Civil Procedure Act (Voluntary Confession Judgment) only state the purport that the written objection submitted by the defendant who raised an objection against the payment order is an objection against the payment order, and it does not state the plaintiff's assertion.

In addition, since the defendant received a recommendation from this court to urge the plaintiff to make a specific argument on the grounds for objection but did not comply with it and did not appear on the date of pleading, it is deemed that all of the plaintiff's assertion was led to confession (see Supreme Court Decision 89Meu4045, Jul. 25, 1989). 3. Accordingly, the defendant is obligated to pay to the plaintiff 167,780,000 won and compensation for delay at each rate of 20% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from September 21, 2006 to September 30, 2015, which is the day following the delivery date of the previous payment order, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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