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(영문) 서울중앙지방법원 2015.12.16 2015가합549668
기타(금전)
Text

1. The Defendant’s KRW 35,497,179 and its weight to the Plaintiff:

(a) As regards KRW 100,610,000, January 1, 2013, and 197,940.

Reasons

1. Indication of claim;

(a) The reasons for the claim are as shown in the annex;

B. The Plaintiff rejected the part of the rejection. (1) The Plaintiff claimed against the Defendant (i) payment of interest on KRW 19,527,631 from April 15, 2010 to November 2, 2012 on intermediate payment; (ii) payment delay interest rate of KRW 15.96% per annum from January 1, 2013 to the date of full payment; and (iii) payment delay interest on KRW 17,419,548 from November 3, 2012 to September 30, 2013 on the intermediate payment; and (iv) payment of delay interest on KRW 15.96% per annum from February 7, 2014 to the date of full payment; and (v) the obligor is liable for delay damages due to delay from the obligee’s obligation to compensate for damages due to delay (see, e.g., Supreme Court Decision 200Da325, Sept. 26, 2016).

(See Supreme Court Decisions 97Da7868 delivered on June 26, 1998, 2004Da11582 delivered on July 9, 2004, etc.) In light of the above legal principles, it was examined in light of the above legal principles (see, e.g., Supreme Court Decisions 97Da7868 delivered on June 26, 1998, 2004Da11582 delivered on July 9, 2004). Not later than December 31, 2012 or February 6, 2014, which is the day before the date of commencement of the damages for delay sought by the Plaintiff under the above paragraph (1), there is no evidence to prove that the Defendant claimed performance of the above intermediate payment interest KRW 19,527,63

4) In addition, there is no evidence to acknowledge that the Defendant agreed to apply the agreed interest rate of 15.96% per annum to the Plaintiff even in cases where the payment of interest or delay damages was delayed due to the sales contract concluded between the Plaintiff and the Defendant, as well as the intermediate payment and the remainder, and there is no evidence to acknowledge that the Defendant agreed to apply the agreed interest rate of 36,947,179 won (=19,527,631 won) and the Defendant’s expression of intent to claim the payment of the above interest thereon.

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