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(영문) 서울남부지방법원 2020.10.13 2019가단22566
양수금
Text

The defendant's KRW 35,823,060 to the plaintiff and 5% per annum from August 27, 2019 to October 13, 2020.

Reasons

1. The causes of the claim shall be stated in the attached Form except that part of the claims for delay is dismissed as described below.

2. Articles 208(3)2 and 150(1) of the Civil Procedure Act of the applicable provisions of the Acts (a judgment made by a person who is deemed as a person in a free will, and the defendant, made a statement to the effect that the plaintiff's claim is accepted on the date of pleading, thereby recognizing all facts alleged by the plaintiff.

3. The part of the Plaintiff’s claim for damages for delay, which partially dismissed, filed a claim for the payment of damages for delay from August 23, 2019 for the amount of KRW 35,823,060, but the Defendant’s delayed performance liability may arise from August 27, 2019, the day following the day on which the Plaintiff received the claim for payment from the Plaintiff. Therefore, the Plaintiff’s claim for damages for delay in this part is without merit.

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