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(영문) 수원지방법원 2017.02.16 2016가단36344
각서금
Text

1. The Defendant’s KRW 58,012,38 as well as the Plaintiff’s annual rate from January 1, 2013 to November 30, 2016.

Reasons

1. In full view of the judgment as to the cause of the claim No. 1, the Plaintiff supplied the Defendant with pipe and other goods, and the Defendant agreed to pay KRW 58,012,338 to the Plaintiff within the same month on December 2012.

Therefore, the Defendant is obligated to pay to the Plaintiff 58,012,38 won as above and delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from January 1, 2013 to November 30, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. The defendant special representative's assertion as to the defendant special representative's assertion is merely the defendant's representative director C's name as the defendant's representative director C's auditor, and there is no relation with the defendant due to the completion of divorce procedures before C's death, so the appointment of special representative is improper.

The decision of this court to appoint a special representative cannot be deemed unfair solely on the ground as alleged by the defendant special representative. The decision is valid unless the decision to appoint a special representative is revoked. Thus, the defendant special representative's assertion is rejected.

(3) If so, the plaintiff's claim of this case is reasonable, it is so decided as per Disposition.

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