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(영문) 대구지방법원 2018.10.04 2018가단13841
물품대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from June 8, 2018 to the date of complete payment.

Reasons

1. The Plaintiff shall serve as the cause of the instant claim, as shown in the separate sheet “the cause of claim” and “the cause of modified claim.”

2. The defendant shall be deemed to have led to confession under the main sentence of Article 150(3) and (1) of the Civil Procedure Act.

Although the defendant submitted a written objection against the payment order, it is merely the purport that he/she is dissatisfied with the payment order, and it does not clearly dispute the cause of the plaintiff's claim.

3. Therefore, the Defendant is obligated to pay to the Plaintiff the deposit KRW 50,00,000 that was not repaid to the Plaintiff and the damages for delay calculated at the rate of 15% per annum from June 8, 2018 to the day of full payment, which is the day following the delivery of a copy of the instant complaint filed by the Plaintiff.

Although the plaintiff partly reduced the claim while filing a lawsuit, this is due to the defendant's repayment of part of the plaintiff's claim after filing the lawsuit, so the changed amount of claim is recognized as damages for delay of the rate prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day after the duplicate of the

Plaintiff

The claim is justified and accepted.

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