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1. The Defendant’s KRW 196,845,60 for the Plaintiff and KRW 6% per annum from July 1, 2018 to April 29, 2019.
Reasons
1. The Plaintiff, from May 11, 2018 to May 22, 2018, supplied the Defendant with an amount equivalent to KRW 1,380 each 256,845,600, whichever was paid KRW 60,000, among which the Plaintiff received KRW 196,845,600, out of the supply price of the unpaid goods. Accordingly, the Plaintiff sought payment for the amount of KRW 196,845,60, and delay damages therefor.
2. A judgment rendered based on recognition (Article 208 (3) 2, the main sentence of Article 150 (3) and the main sentence of Article 150 (1) of the Civil Procedure Act) shall state in the written reply whether or not the facts recorded in the written complaint are recognized, in addition to the reply to the purport of
(Article 65(1) of the Rules of Civil Procedure. However, even though the defendant submitted a written objection against the payment order on May 13, 2019, the defendant merely asserted that he/she raised an objection against the payment order, and there is no answer as to the facts alleged by the plaintiff as the cause of the claim, and since the objection against the payment order was not present at the date of pleading, the defendant is deemed to have led to a confession of the plaintiff's assertion.
3. Pursuant to Article 3(1) main sentence of Article 3(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Partial Dismissals and Article 2(2) of the Addenda of the same Act (amended by May 21, 2019), a claim for damages for delay seeking payment in excess of the amount calculated at the rate of 12% per annum after June 1, 2019 is rejected.