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(영문) 서울북부지방법원 2020.01.09 2019가합27134
추심금
Text

1. The Defendant’s KRW 340,411,583 as well as the Plaintiff’s annual rate of 5% from August 13, 2019 to January 9, 2020, and the following.

Reasons

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

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act);

3. The part dismissing part of the Plaintiff’s dismissal is the date following the date on which the Defendant claimed payment of delay damages from August 12, 2019 when the Defendant received the Plaintiff’s demand for payment of the collection deposit. However, the Defendant is liable for delay as to the amount equivalent to the amount of the claim seized to the execution creditor by the third obligor of the collection order, following the issuance of the collection order

(Supreme Court Decision 2010Da47117 Decided October 25, 2012). Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by applying the rate of 12% per annum under the Civil Act from August 13, 2019 to January 9, 2020, which is the date of the instant judgment where it is deemed reasonable for the Defendant to dispute as to the scope of the obligation to perform, with respect to the above collection amount of damages for delay of KRW 340,41,583, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, and the portion of the damages for delay in excess

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