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(영문) 서울남부지방법원 2017.01.12 2016가합106774
합의금반환청구의 소
Text

1. The Defendant’s KRW 400,000,000 and its annual rate from June 1, 2009 to November 3, 2016 to the Plaintiff.

Reasons

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

2. Judgment by public notice for recognition (Article 208 (3) 3 of the Civil Procedure Act).

3. The part dismissing part of the Plaintiff sought payment of the agreed amount pursuant to the letter of performance (Evidence A 1) (hereinafter “instant agreed amount”), and sought damages for delay from March 10, 2009 for the agreed amount.

However, according to the purport of Gap evidence No. 1 and all pleadings, the original defendant can recognize the fact that the period during which the contract of this case was due was set on May 31, 2009. Thus, according to the above facts of recognition, the defendant's delay liability shall be deemed to take place from June 1, 2009, which is the day following the above due date.

Therefore, the part of the plaintiff's damages for delay exceeding the above recognition scope is dismissed.

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