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(영문) 서울중앙지방법원 2019.10.11 2018가단5213548
기타(금전)
Text

1. As to KRW 146,827,617 and KRW 138,757,626 among the Plaintiff, the Defendant shall start from October 3, 2018 to November 6, 2018.

Reasons

The cause of the instant claim is the same as the attached form of the cause of the claim (the Plaintiff’s lawsuit against C was withdrawn, and the Plaintiff made a corrected statement as to the damages for delay among the claims in accordance with the statutory interest rate provisions of Article 3(1) main text of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended at the date of the first pleading). The facts of the cause do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as stated in the evidence Nos. 3 and 4 (including the serial number,

Therefore, the Defendant is obligated to pay to the Plaintiff the interest of KRW 146,827,617 (i.e., the principal or delay damages of KRW 138,757,626 or delay damages of KRW 8,069,91) and the principal of KRW 138,757,626 (i.e., the date following the base date for calculating damages for delay from October 3, 2018 to November 6, 2018, the agreed interest rate of KRW 8.8% per annum and delay damages of KRW 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Meanwhile, the defendant asserts to the effect that the plaintiff's claim is groundless since it closed on December 18, 2017, but it is difficult to reject the plaintiff's claim against the defendant only by the above argument. Thus, this part of the defendant's claim is without merit.

If so, the plaintiff's claim is reasonable and acceptable.

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