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(영문) 인천지방법원부천지원 2016.11.24 2016가단15466
추심금
Text

1. The defendant shall pay 30,449,600 won to the plaintiff and 15% per annum from August 2, 2016 to the day of complete payment.

Reasons

1. The facts stated in the separate sheet of claim as to the cause of the claim do not conflict between the parties, or are recognized by considering the whole purport of the pleadings as a whole in each of the entries in Gap evidence 1 to 3.

Therefore, the defendant is obligated to pay to the plaintiff 30,449,600 won and damages for delay calculated at the rate of 15% per annum from August 2, 2016 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case.

2. Determination as to the defendant's application for resumption of pleading

A. The following facts are significant in this Court:

1) On August 1, 2016, the Defendant was served with a copy of the instant complaint and a written answer stating that “if the Defendant does not admit the Plaintiff’s claim, he/she shall submit a written answer within 30 days from the date on which he/she was served with the written complaint,” but did not submit a written answer by August 31, 2016, which is the deadline for submission. (ii) Accordingly, this court set the date of sentencing on September 23, 2016 and notified the Defendant on October 20, 2016.

3) On October 5, 2016, the Defendant, upon receiving the notice of the above sentencing date, submitted a formal written response to the purport that it seeks to dismiss the Plaintiff’s claim on October 5, 2016. This court, following the revocation of the sentencing date, designated the first date for pleading as of November 3, 2016 and notified the Plaintiff and the Defendant. (iv) However, the Defendant did not appear on the designated date for pleading as above, and did not submit a preparatory document or evidence disputing the Plaintiff’s claim on the date for pleading.

Therefore, this Court concluded the pleading on the first date for pleading.

B. On the other hand, there is no evidence to deem that the Defendant had not been adequately given the opportunity to submit arguments and evidence due to the circumstances for which it was difficult to impose responsibility on him prior to the closing of argument in the instant case, and rather, in light of the process of the instant lawsuit, the Defendant’s application for resumption of argument is applied.

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