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(영문) 서울중앙지방법원 2018.09.12 2018가단5132816
위약금 등 청구의 소
Text

1. The defendant shall pay 35,050,000 won to the plaintiff and 15% per annum from July 3, 2018 to the day of complete payment.

Reasons

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

2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);

3. As to the part of the Plaintiff’s claim for delay as to the delivery date of the duplicate of the complaint, since the instant penalty and loan claims are claims without setting the due date, the obligor is liable for delay only when he/she receives the claim for performance. Thus, the portion exceeding the damages for delay calculated at the rate of 15% per annum from July 3, 2018 to the day of complete payment, following the delivery of the duplicate of the complaint in which the declaration of intent to seek performance of the obligation was served to the Defendant.

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