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(영문) 서울중앙지방법원 2020.07.03 2019가합3443
계약금등 반환 청구의 소
Text

1. The Plaintiff:

A. Defendant D shall pay 360,000,000 won and 240,000,000 won among them with full payment from October 30, 2019.

Reasons

1. The description of “the cause of the modified claim” as shown in the [Attachment of Claim].

2. Applicable provisions;

(a) Defendant B corporation: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act

B. Defendant C or D: Judgment by public notice under Article 208(3)3 of the Civil Procedure Act

3. The Plaintiff partly dismissed the part of the appeal shall claim damages for delay calculated at the rate of 12% per annum from the day after the last copy of the complaint in this case is served to the day after full payment is made, which is stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

However, since the Plaintiff extended the claim amount from 240,00,000 to 360,000,000 won through an application for modification of the purport of the claim and the cause of the claim made on December 12, 2019, the Plaintiff is obligated to pay damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act from October 30, 2019 to December 12, 2019, which is the day following the last delivery date of the copy of the complaint of this case sought by the Plaintiff after the due date of the contract payment, as for the extended KRW 120,000,000,00.

Therefore, the part of the claim for late payment against Defendant D in excess of this is dismissed.

However, pursuant to Article 98 and the proviso of Article 101 of the Civil Procedure Act, the costs of lawsuit shall be borne by Defendant D.

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