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(영문) 창원지방법원 2020.11.26 2020가합53166
약정금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 250,000,000 and KRW 200,000 among them, Defendant C Co., Ltd.

Reasons

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

2. Applicable provisions;

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

(b) Defendant C: Judgment based on the recommendation of confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)

3. On February 26, 2020, the Plaintiff and the Defendants jointly and severally agreed to pay the Plaintiff KRW 400,000,000, and agreed to pay the amount in installments from February 28, 2020 to the end of each month from February 28, 2020, and the Plaintiff need to claim in advance for the portion for which the due date has not arrived. Thus, the Defendants jointly and severally are liable to pay the Plaintiff KRW 400,000,000, which is part of the above KRW 400,000,000, and damages for delay.

Of the KRW 250,00,000 that the Plaintiff seeks payment by the instant lawsuit, the total of KRW 200,000,000,000 that the due date between February 28, 2020 and May 31, 2020, arrives before the base date of the damages for delay claimed by the Plaintiff (the day following the day on which the copy of the instant complaint was served). However, even according to the Plaintiff’s assertion, the remainder of KRW 50,000,000 that the due date arrived on June 30, 2020. As such, with respect to the above KRW 50,000,000 that the due date expired, the liability for delay arises from July 1, 2020, when the due date expires.

Therefore, among the plaintiff's claims against the defendants, the part claiming damages for delay of 5% per annum from the day following the delivery date of a copy of the complaint of this case to June 30, 2020 is dismissed as the plaintiff's assertion itself is without merit.

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