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(영문) 인천지방법원부천지원 2020.06.09 2019가단29695
물품대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 167,607,558 and as a result, from June 11, 2019 to June 9, 2020.

Reasons

1. The description of the grounds for the attachment to the description of the claim and the grounds for the addition;

(Provided, That the “creditor” as the “Plaintiff”, and the “debtor” as the “Defendant” are deemed to be the “Defendant”, and Article 208(3)3 of the Civil Procedure Act is deemed to be the “Defendant”.

3. Determination as to the claim for damages for delay: The part dismissing the Plaintiff is claiming against the Defendants for damages for delay from June 10, 2019 for the unpaid amount of KRW 167,607,558.

However, if the purport of the entire pleading is added to the statement in Gap evidence No. 5, it is recognized that the plaintiff set the redemption date of KRW 167,607,558 for the above goods to the defendants as of June 10, 2019 and notified the defendants of the redemption date of KRW 167,607,558 for the above goods. It is reasonable to view that the damages for delay against the above goods payment is due from June 11, 2019 as of June 10, 2019.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 167,607,558 as well as damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act, from June 11, 2019 to June 9, 2020, and 12% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. The part of the Plaintiff’s claim against the Defendants for damages for delay in excess of the above amount is dismissed on the grounds that all of the Plaintiff’s claims are without merit.

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