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(영문) 서울중앙지방법원 2020.08.21 2020가단5016634
위약금등 청구
Text

1. As to the Plaintiff KRW 42,00,000 and KRW 12,000 among them, the Defendant shall have 5% per annum from November 1, 2019 to March 7, 2020.

Reasons

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

(However, ‘creditor' is considered as ‘Plaintiff' and ‘debtor' as ‘Defendant'). 2. Judgment by public notice of applicable provisions of law (Article 208(3)3 of the Civil Procedure Act)

3. The Plaintiff, in part, claimed damages for delay from November 1, 2019 for the damages for delay of KRW 30,000,000 for the penalty from November 1, 2019. However, according to the evidence evidence No. 4, the parties liable for the breach of contract under Article 7 of the Lease Contract of this case can be recognized as having determined that the parties shall pay a penalty not exceeding two weeks after termination of contract, and the lease contract of this case shall be deemed to have been rescinded by delivery of the second oral argument record on July 10, 2020, stating the statement of the Plaintiff’s agent to cancel the lease contract of this case against the Defendant on July 24, 2020, the second oral argument record on July 10, 200, stating the statement of the Plaintiff’s agent to cancel the lease contract of this case. Thus, the Defendant

Therefore, only damages for delay from August 8, 2020 can be recognized for penalty of 30,000,000 won.

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