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(영문) 서울중앙지방법원 2015.11.17 2015가합15387
매매대금
Text

1. As to KRW 165,43,600 and KRW 158,917,00 among the Plaintiff, the Defendant shall start from April 8, 2015 to August 26, 2015.

Reasons

1. The description of the grounds for claim and the changed grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice on the basis of recognition (Article 208 (3) 3 of the Civil Procedure Act);

3. On 165,43,600 won, the Plaintiff filed a claim for the payment of damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Promotion Act”) from the day following the day on which a copy of the instant complaint was served.

However, Article 3 (1) of the Promotion Act provides that statutory interest rates that constitute the basis for calculating the amount of damages due to the default of monetary obligations shall be based on the interest rate prescribed by the same Act from the day following the date on which the written complaint seeking the performance of monetary liabilities or other equivalent documents have been served on

With respect to KRW 158,917,00 among the claims of this case, a document was served on August 26, 2015, which is the delivery date of a copy of the complaint of this case, on August 26, 2015, and on KRW 6,516,600, on September 18, 2015, which is the delivery date of the written application for the amendment of the purport of this case, each defendant sought its implementation. Thus, each party from the following day is liable to pay damages for delay at the statutory rate as stipulated in the

More than this, the part demanding the payment of damages for delay pursuant to the Promotion Act from the day following the date of service of a copy of the complaint of this case to the date of service of the application for modification of the claim of this case is without merit.

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