beta
Text
1. As to KRW 287,630,848 and KRW 279,03,628 among the Plaintiff, the Defendant shall pay to the Plaintiff the full payment from October 15, 2019 to the day of full payment.
Reasons
1. Indication of claims: To be as specified in attached Form 1;
However, the phrase " August 9, 2018" is clear that it is a clerical error in the phrase " August 9, 2019" in light of the statement in Gap evidence 3.
2. Judgment without holding any pleadings: Articles 208 (3) 1 and 257 of the Civil Procedure Act;
3. The obligation for delay of a part of a monetary obligation constitutes a damage liability arising from delay of the monetary obligation, and the obligation for which the due date has not been specified, and thus, an obligor is liable for delay from the time when the obligee receives a claim for performance of the obligation with respect to the established delay damages (see, e.g., Supreme Court Decision 2009Da59237, Dec. 9, 2010). If the obligor delays performance of the interest already incurred, the obligor may claim for delay damages in interest (see, e.g., Supreme Court Decision 96Da25302, Sept. 20, 196). The established interest obligation constitutes a obligation for which the due date has not been determined, and thus, the foregoing legal doctrine can be equally
Before the duplicate of the complaint of this case is served on the Defendant, the Plaintiff’s assertion that the Plaintiff filed a claim for performance against the Defendant regarding the interest obligation of this case and the damages for delay amounting to KRW 8,627,220.
Therefore, with respect to the above 8,627,20 won, a copy of the complaint of this case for which delay has occurred shall be served after October 16, 2019, which is deemed reasonable for the defendant to dispute about the existence or scope of the obligation from October 16, 2019 to December 13, 2019, and 5% per annum as stipulated in the Civil Act and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. The excess portion shall be dismissed for reasons.