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(영문) 수원지방법원성남지원 2016.02.17 2015가단4770 (1)
물품대금
Text

1. The Defendant’s KRW 51,255,253 as well as the Plaintiff’s KRW 6% per annum from January 14, 2016 to February 17, 2016.

Reasons

1. The description of “the cause of the modified claim” as shown in the [Attachment of Claim].

2. Article 208 (3) 3 of the Civil Procedure Act of the judgment by publication.

3. The Plaintiff seeking payment of KRW 51,255,253 of the purchase price claim against the Defendant taken over from the distribution of Handong Co., Ltd. (hereinafter referred to as “Seoul”) and sought damages for delay from the day following the delivery date of the copy of the complaint in this case.

However, since the notification that the Plaintiff acquired the above claim from the non-party company was delivered to the Defendant on January 13, 2016, which was after the delivery date of the copy of the complaint of this case, the part of the claim for delay damages for the period from the day following the delivery date of the copy of the complaint of this case to January 13, 2016 is dismissed, and it is reasonable for the Defendant to dispute from January 14, 2016 to February 17, 2016, which is the sentencing date of this case, to recognize damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act, and the claim for delay damages exceeding the above rate during the above period is dismissed.

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