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(영문) 수원지방법원성남지원 2020.11.24 2020가합1000
물품대금
Text

1. As to KRW 1,043,951,520 and KRW 63,311,760 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 90,227,360 from November 16, 2019.

Reasons

1. As shown in the grounds for the claim in the annexed sheet;

2. Judgment by deeming confession (Article 208(3)2 of the Civil Procedure Act, and Article 208(3)2 of the Defendant only submitted a formal objection notice to the effect that the Plaintiff denies the cause of the claim after being served with the original copy of the instant payment order, and did not answer the substantive assertion, and even if the date of pleading was lawfully served and did not appear on the date of pleading, it is deemed that all the Plaintiff’s allegations were led to confession.)

3. On November 16, 2019, the Plaintiff partially dismissed the Plaintiff’s payment date of promissory notes issued by the Defendant on August 20, 2019, with respect to the amount claimed in the purport of the claim.

Although claiming damages for delay from November 16, 2019, there is no specific assertion in addition to the assertion that the payment of a promissory note issued for the payment of part of the Plaintiff’s claim is rejected, in particular, even though the Plaintiff’s claim for the price of the goods supplied on November 30, 2019 is included in the cause of claim, the starting point of starting all damages for delay is deemed as starting November 16, 2019, and the cause of the claim itself is clearly contradictory to the purport of the claim, so it cannot be prejudicial to the point that the Plaintiff claimed damages

With respect to the amount stated in a promissory note, it is reasonable to calculate interest or delay damages from the date of the payment on the date of the payment, and from the day following the delivery of the copy of the complaint of this case seeking payment on the remaining amount.

Therefore, among the claim amount of KRW 1,043,951,520, the Plaintiff’s payment date for KRW 63,311,760 as stated in a promissory note issued on August 20, 2019, which is the date following the due date for the payment of KRW 90,227,360 as stated in the promissory note issued on August 28, 2019, and from November 20, 2019, which is the due date for the payment of KRW 110,448,00 as stated in the promissory note issued on the same day, from November 27, 2019 to October 17, 2019, which is the due date for the payment of KRW 110,48,00 as stated in the promissory note issued on the same day.

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