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(영문) 인천지방법원 2018.05.11 2018가합50214
판결금
Text

1. As to KRW 240,215,067 and KRW 65,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 240,215,067 from January 6, 2018 to January 30, 2018.

Reasons

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

2. Article 208 (3) 1, and Article 257 of the Civil Procedure Act to which the same Act applies;

3. The Plaintiff seeking partial dismissal of damages for delay at the rate of 5% per annum from January 6, 2018 to the service date of a duplicate of the complaint in this case, and damages for delay at the rate of 15% per annum from the next day to the day of full payment.

However, in a case where the obligor delays the performance of the interest accrued, the obligor may claim damages for delay on such interest (see, e.g., Supreme Court Decision 96Da25302, Sept. 20, 1996). However, since the obligation for delay of the monetary obligation falls under the obligation for damages arising from delay of the monetary obligation and the obligation for which the due date has not been specified, the obligor is liable for delay from the time when the obligor receives a claim for performance from the obligee for the obligation

(See Supreme Court Decision 2009Da59237 Decided December 9, 2010, etc.) If so, the Defendant shall be held liable for delay of KRW 175,215,067 on the record that it is clear from January 31, 2018, on the day following the delivery date of a copy of the complaint of this case, for which the Defendant is demanded to discharge interest of KRW 175,215,067. Thus, the Plaintiff’s claim in excess of

(A) Although the plaintiff's claim is not partially accepted, the defendant does not dispute the damages for delay. Thus, the interest rate prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings shall apply from the day following the date of delivery of a copy of the complaint

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