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(영문) 서울중앙지방법원 2019.05.03 2019가단5063436
물품대금
Text

1. The defendant shall pay 5,220,000 won to the plaintiff and 15% per annum from March 29, 2019 to the day of complete payment.

Reasons

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

2. Judgment without holding any pleadings (Articles 208 (3) 1 and 257 of the Civil Procedure Act);

3. The Plaintiff’s partial dismissal ground is for claiming damages for delay from October 1, 2018. However, there is no assertion or proof as to “the Plaintiff made a separate agreement with the Defendant on the period during which the payment for the instant goods was due,” or “the Plaintiff claimed for the performance of the price against the Defendant prior to the filing of the instant lawsuit.”

Therefore, a claim for damages for delay is not accepted until March 28, 2019, for which a copy of the complaint of this case containing a declaration of intent to demand performance was served on the defendant.

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