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(영문) 서울중앙지방법원 2019.08.22 2018가단5022803
사해행위취소
Text

1. As to the Plaintiff’s KRW 46,007,980 and KRW 45,658,355 among them, the Defendant shall start from October 19, 2017 to January 31, 2018.

Reasons

1. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion is as indicated in the Attached Form “Cause of Claim”. On July 18, 2019, the Plaintiff reduced the rate of delay damages from June 1, 2019 to 12% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., on the third day for pleading on July 18, 2019.

B. The Plaintiff’s argument in the annexed sheet No. 1 to 6 of the judgment is recognized by comprehensively considering the purport of the entire pleadings in each entry in Gap evidence No. 1 to 6.

C. According to the theory of lawsuit, the Defendant is obligated to pay to the Plaintiff the amount of KRW 46,07,980 and the amount of KRW 45,658,355, as agreed, 12% per annum from October 19, 2017 to January 31, 2018, 10% per annum from the next day to April 11, 2018, the delivery date of a copy of the complaint of this case, 15% per annum from the next day to May 31, 2019, and delay damages calculated by 12% per annum from the next day to the day of full payment.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is justified.

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